Knowles v Farr [2018] NZDC 25898

Published 17 May 2019

Summary judgment — contractual interpretation — loan agreement — District Court Rules 2009, rr 7.1, 7.3, 12.2, 12.3, 12.9 — Bell v Bell [2015] NZHC 3059 — Vector Gas Limited v Bay of Plenty Energy Limited [2010] 2 NZLR 444. The plaintiff sought summary judgment against the defendant for $105,000, that being the total of nine payments made by the plaintiff to the defendant. The plaintiff alleged they were personal loans and this was reflected in the written agreements signed by both parties. The defendant argued, along with other procedural matters, that the payments were never intended to be personal loans to him but instead advances for two companies which both parties would own. The plaintiff never took up the opportunity of taking shares in the businesses and argued the contract was clear that that the payments were loans to be repaid in two years. The Judge reviewed the contracts and the correspondence between the parties and held that the defendant had no arguable defence to the plaintiff's claim. Summary judgment for the full sum of $105,000 was awarded to the plaintiff. Judgment Date: 24 January 2019.