Anderson v Carter [2014] NZHC 107 (11 February 2014)

High Court of New Zealand

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Anderson v Carter [2014] NZHC 107 (11 February 2014)

Last Updated: 10 March 2014

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV 2013-463-000473 [2014] NZHC 107

BETWEEN MARK ANTONY ANDERSON First Plaintiff

AND ILLEEN MAVIS CHILCOTT Second Plaintiff

AND YVONNE PAULA CARTER Defendant

Hearing: 10 February 2014

Appearances: D J Taylor for the Plaintiffs

Y P Carter in person the Defendant

Judgment: 11 February 2014

_{JUDGMENT OF ASSOCIATE JUDGE CHRISTIANSEN}

This judgment was delivered by me on

11.02.14 at 4:30pm, pursuant to

Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

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

M A ANDERSON v I M CHILCOTT [2014] NZHC 107 [11 February 2014]

[1] The defendant was sued to recover her share of a partnership liability incurred in the outcome of the partnership’s property development.

[2] The partners had achieved a considerable profit from the development from which the defendant received in excess of $400,000. Subsequently leaky home claims were brought on behalf of the apartment purchasers. Those claims were settled for a payment of $160,000 plus costs. The defendants’ contribution to this sum is fixed in the sum of $54,226.99.

[3] No defence was filed to the claim. Rather the defendant provided a sworn statement deposing to her inability to meet the amount due from her. Whilst her account of those reasons detail a sad background, it is clear those reasons could not compel the Court otherwise than to enter judgment in the amount sought.

[4] Accordingly judgment is entered in favour of the plaintiffs against the defendant in a total sum of $62,984.29.

[5] As well costs are directed to be paid by the defendant on a District Court middle band basis and amounting to a sum of $7888.00 inclusive of disbursements.

Associate Judge Christiansen