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Shoei Corporation Ltd v South Auckland Vehicle Imports Ltd [2018] NZDC 11032

Published 03 July 2019

Summary judgment — liquidation — quantum — Companies Act 1993, ss 241 & 248. The plaintiff had already successfully secured summary judgment against the first and second defendant with respect to liability. However, no determination relating to quantum or the first defendant's counterclaim had been determined. The first defendant subsequently went into liquidation, so under s 248 of the Companies Act, both the plaintiff's claim against the first plaintiff and the first defendant's counterclaim were stayed. The Judge held that the second defendant was liable as the principal debtor and ordered that the defendant pay the amount of $106,304, given he could provide no evidence disputing the plaintiff's claim. The Judge further ordered interest on the sum to be paid and costs on a 2B basis. Judgment Date: 11 July 2018.

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