Hole v Snedden [2012] NZHC 2419 (20 September 2012)

Last Updated: 28 September 2012

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-001699 [2012] NZHC 2419

BETWEEN REGINALD ANTHONY HOLE First Plaintiff

AND MARY-ANN BOYS Second Plaintiff

AND DAVID WARWICK SNEDDEN First Defendant

AND SNEDDEN SOLICITOR'S NOMINEE COMPANY LIMITED

Second Defendant

Hearing: 6 September 2012

Appearances: R Hindle / A Borchardt for plaintiffs

M Dennett / M Armistead for defendants

Judgment: 20 September 2012

JUDGMENT OF ASSOCIATE JUDGE DOOGUE [Judgment on summary judgment application]

This judgment was delivered by me on

20.09.12 at 4 pm, pursuant to

Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

_{Date...............}

Counsel:

Kennedys, P O Box 3158, Auckland – [e-mail] / m.armistead@kennedys- law.co.nz

Royden Hindle, 88 Shortland Street, Auckland – [e-mail]

HOLE & Anor V SNEDDEN & Anor HC AK CIV-2012-404-001699 [20 September 2012]

[1] I thank counsel for their consent memorandum dated 6 September 2012. Associate Judge Christiansen entered judgment as to liability on 1 August 2012. The parties have now agreed on the issue of quantum and judgment is now entered on the application of the plaintiff for $643,724.56 comprising:

a) The amount owed to the plaintiffs as at 6 September 2012 will be

$643,724.56 comprising

i) $450,000 principal

ii) $115,960.66 interest to 28 June 2011;

iii) $65,250 interest for the year 29 June 2011 to 28 June 2012;

iv) $8,938.50 interest from 29 June 2012 to 17 August 2012;

v) $3,575.40 interest from 18 August to 6 September 2012.

[2] The defendants are ordered to pay costs of $13,271.20 and disbursements of

$1,329.00.

[3] It is noted that although the defendants do not consent to entry of judgment they do not oppose the entry of judgment in the terms that I have just set out.

J.P. Doogue

Associate Judge