Pepper New Zealand (Custodians) Limited v Takesh [2012] NZHC 1658 (11 July 2012)

Last Updated: 14 August 2012

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CIV-2012-483-33 [2012] NZHC 1658

BETWEEN PEPPER NEW ZEALAND (CUSTODIANS) LIMITED Plaintiff

AND SALAHEDDIN TAKESH Defendant

Hearing: 11 July 2012

(Heard at Wanganui (By Video Conference))

Counsel: S. Little - Counsel for Plaintiff

No appearance for the defendant

Judgment: 11 July 2012

_{ORAL JUDGMENT OF ASSOCIATE JUDGE D.I. GENDALL}

_{Solicitors: Gibson Sheat, Lawyers, Private Bag 31 905, Lower Hutt}

PEPPER NEW ZEALAND (CUSTODIANS) LIMITED V S TAKESH HC WANG CIV-2012-483-33 [11 July

2012]

[1] Before the Court is an application by the plaintiff seeking summary judgment in this proceeding against the defendant.

[2] Service of the substantive proceeding and summary judgment application in this matter on the defendant was completed by way of substituted service. Affidavits of service confirming this are before the Court.

[3] The defendant has not filed any statement of defence in this proceeding nor any Notice of Opposition to the plaintiff’s summary judgment application. Nor was there any appearance by or for the defendant before me.

[4] That said and having considered the plaintiff ’s statement of claim, supporting affidavit, Memorandum from counsel and the other material before the Court I take the view that the plaintiff has satisfied the Court that the defendant has no arguable defence to the claim made against him here.

[5] That said, the plaintiff ’s summary judgment application here succeeds and

the following orders by way of summary judgment are now made:

(a) An order is made pursuant to s 137(1)(c) Property Law Act 2007 requiring the defendant to give vacant possession of the properties described as WN111/264, Wellington Registry (77 Raine Street, Whanganui) and WN12C/339 Wellington Registry (49 Harper Street, Whanganui) to the plaintiff within 14 days after service of this order (which is to include service in accordance with the substituted service order I am to make shortly) or any other method of service allowed by the rules.

(b) In addition, costs are awarded to the plaintiff against the defendant on this application on a category 1A basis together with disbursements as set out in the Memorandum filed by the plaintiff in this matter, those disbursements totalling $2,569.42.

[6] As to service of this order on the defendant, a substituted service order is now made that the sealed order in this proceeding is to be served in the following manner by:

(a) Leaving the order in the letterbox of the property at 7 Somme Parade, Wanganui marked to the attention of the defendant; and

(b) Advertising the order once in an appropriate fashion in the Wanganui daily newspaper.

[7] Leave is reserved to the plaintiff to approach the Court further if some clarification of the orders now made may be required.

‘Associate Judge D.I. Gendall’