Northwest Developments Limited v Li

[2019] NZHC 473

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-2404

[2019] NZHC 473

BETWEEN

NORTHWEST DEVELOPMENTS LIMITED
Plaintiff

AND

PENG LI

Defendant

Hearing:	18 March 2019
Appearances:	K J Ng and T J Yoon for Plaintiff No appearance for Defendant
Judgment:	18 March 2019

JUDGMENT OF LANG J

[on application for summary judgment]

This judgment was delivered by me on 18 March 2019 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date……………

NORTHWEST DEVELOPMENTS LTD v LI [2019] NZHC 473 [18 March 2019]

[1]    Northwest Developments Limited seeks summary judgment as to liability arising out of the failure by the defendant to complete an agreement for sale and purchase of a property being Lot 59, 81 Nobilo Road, Huapai.

[2]    The plaintiff and defendant were parties to an agreement for sale and purchase dated 8 June 2016. The defendant was required to complete the purchase of the property on 15 October 2018 but failed to do so on that date or thereafter. The plaintiff has at all material times been ready, willing and able to comply with its obligation to convey the property to the defendant.

[3]    The defendant was served with the proceeding, including the application for summary judgment, on 26 November 2018. Service was effected through the law firm then acting for the defendant and authorised to accept service of the proceeding on the defendant’s behalf. The defendant has taken no steps to defend the proceeding. On that basis the plaintiff is entitled to proceed with its application for summary judgment.

[4]    The material filed in support of the application for summary judgment persuades me that the defendant has no defence. I therefore enter summary judgment as to liability.

[5]    It will now be for the plaintiff to determine whether to seek specific performance or to resell the property and recover any shortfall from the defendant. The plaintiff has leave to file further documents dealing with those issues. If any further steps need to be taken, the proceeding should be listed for mention in a convenient summary judgments list.

Lang J

Solicitors:

Castle Brown Solicitors, Auckland Counsel:

M J Fisher / K Y Ng / T J Yoon Erskine Chambers, Auckland