White v Norman CA233/94 [1997] NZCA 322 (4 February 1997)

Last Updated: 5 February 2019

IN THE COURT OF APPEAL OF NEW ZEALAND C.A.233/94

BETWEEN JAMES MORRIS WHITE, JOHN DAVID POLSON AND PHILLIP GRAEME HOPE

Appellant

AND JUDITH MARGARET NORMAN

Respondent

Coram: McKay J Thomas J Blanchard J

Hearing: 4 February 1997

Counsel: L A Andersen for Appellant

K G Smith for Respondent

Judgment: 4 February 1997

JUDGMENT OF THE COURT DELIVERED BY McKAY J

The facts and the issues in this case are fully stated in the judgment of

Master Hansen given in the High Court on 18 October 1994.

The appellant solicitors appeal against the entry of summary judgment against them on the same grounds as were raised in their notice of opposition and as were argued in the High Court. We have had the advantage of reading the case and the written arguments of counsel prior to today’s hearing, and we have heard

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oral argument from the appellant counsel. We find ourselves in complete agreement with the judgment of Master Hansen, both as to his conclusions and as to his reasons. We find it unnecessary to repeat these, and we see no need to add to them. The appeal is accordingly dismissed.

The respondent is entitled to costs which we allow in the sum of $3,500 together with the reasonable cost of travel and accommodation of counsel as fixed by the Registrar.

Solicitors

Polson Hope, Solicitors, Oamaru, for Appellant

Buddle Findlay, Christchurch, for Respondent