Westpac New Zealand Limited v Petry [2014] NZHC 852 (29 April 2014)

Last Updated: 2 May 2014

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-000140 [2014] NZHC 852

UNDER Part 12 of the High Court Rules

IN THE MATTER OF an application for summary judgment

BETWEEN WESTPAC NEW ZEALAND LIMITED Plaintiff

AND WARREN DESMOND PETRY First Defendant

PUI SUN LUCIA NUALA LOY Second Defendant

Hearing: 29 April 2014

Appearances: B K Johnston for Plaintiff

No appearance for Defendants

Judgment: 29 April 2014

_{JUDGMENT OF VENNING J}

This judgment was delivered by me on 29 April 2014 at 3.30 pm, pursuant to Rule 11.5 of the High

_{Court Rules.}

Registrar/Deputy Registrar

Date...............

Solicitors: Simpson Grierson, Auckland

Copy to: Defendants

WESTPAC NZ LTD v PETRY [2014] NZHC 852 [29 April 2014]

[1] The plaintiff seeks summary judgment against the defendants. When the application was before the Court on 25 March 2014 the first defendant appeared in person. He indicated that he and the second defendant had been endeavouring to reach a settlement with the plaintiff. On that basis Lang J adjourned the application for summary judgment. The defendant was advised that if matters had not been resolved it was likely the Court would proceed to enter judgment.

[2] Ms Johnston appears for the Bank this morning. There is no appearance for the first or second defendant. Ms Johnston advised that the Bank has not received any proposal from the defendants.

[3] On the basis of the information before the Court there is no reasonable

arguable defence to the plaintiff’s claim.

[4] There will be judgment for the plaintiff against the defendants jointly and severally in the sum of $282,843.40 (which includes interest to the date of judgment), together with costs on a 2B basis of $8,358 and disbursements of

_$1,756.50.

Venning J