Tea Custodians (Interstar) Ltd v Hunter HC Tauranga CIV-2010-470-1155 [2011] NZHC 857 (4 March 2011)

Last Updated: 15 August 2011

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

_{CIV-2010-470-1155}

BETWEEN TEA CUSTODIANS (INTERSTAR) LTD Plaintiff

AND MAURICE JOHN HUNTER Defendant

Hearing: 4 March 2011

Appearances: Mr N Smith for Plaintiff

Mr Hunter in person

Judgment: 4 March 2011

_{ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE}

Solicitors:

Mr N Smith, Tauranga

_{Mr M J Hunter, 239 Soldiers Road, RD1, Tauranga}

TEA CUSTODIANS (INTERSTAR) LTD V HUNTER HC TAU CIV-2010-470-1155 4 March 2011

[1] The parties have been in discussion and have signed a “consent memorandum” which Mr Hunter has signed and in terms of which he consents to orders in terms of paragraphs 1, 2 and 3 of the claim for relief in the statement of claim. Mr Hunter also consents to an order that the plaintiff have costs in the proceeding on the basis of scale 2B. I make orders accordingly.

[2] I note that while the terms of the judgment that Mr Hunter has consented to require that the defendant forthwith “vacate and deliver up possession” of the property, there is no present intention on the part of the plaintiff to execute that part of the judgment. Mr Smith however says the plaintiff has told Mr Hunter that the question of whether and when it executes the judgment for possession is a matter

_{entirely within its discretion.}

J.P. Doogue

Associate Judge