ANZ Bank New Zealand Limited v Reynco Limited [2014] NZHC 923 (5 May 2014)

Last Updated: 25 July 2014

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV-2013-419-723 [2014] NZHC 923

BETWEEN	ANZ BANK NEW ZEALAND LIMITED Plaintiff
AND	REYNCO LIMITED First Defendant MIRIAMA MANUIRIRANGI & TONGAWHITI MANUIRIRANGI Second Defendants

Hearing:	5 May 2014
Appearances:	Ms Gilby-Todd for Plaintiff No appearance for Second Defendants
Judgment:	5 May 2014

ORAL JUDGMENT OF ASSOCIATE JUDGE J P DOOGUE [on Summary Judgment application]

ANZ BANK NEW ZEALAND LIMITED v REYNCO LIMITED [2014] NZHC 923 [5 May 2014]

[1] This matter was last heard on 31 March 2014. Then, after a discussion with Mr Manuirirangi it was agreed that he would prepare a statement of the financial position of the second defendants and verify that by way of declaration. The intention was that thereafter Ms Gilby-Todd would seek instructions as to whether the bank intended to proceed with the summary judgment application.

[2] Ms Gilby-Todd has advised me that thereafter steps were taken to prepare a statement of financial position but it was considered to be incomplete and she advised the second defendants to complete it and then have it verified. Apparently no further steps have been taken apart from the second named second defendant advising that he would be taking steps to set aside the judgment that was entered against him and that the first named second defendant would be opposing the application for judgment against the first named second defendant. However no notice of opposition or affidavit has been filed.

[3] The plaintiff now seeks judgment against the first named second defendant. I am satisfied that the plaintiff is entitled to summary judgment which is entered in the sum of the $335,416.21. The plaintiff is also entitled to an order for costs based on a

2A basis which totals $5,373 and there will be an order accordingly. Finally the plaintiff seeks disbursements in the sum of $2,058.26 which is reasonable and which would be allowed. There will also be an order that the second defendants pay the

_{plaintiff’s disbursements of $2,058.26.}

J.P. Doogue

Associate Judge