district court logo

Choicekids Childcare Ltd v Brown [2021] NZDC 19037

Published 07 March 2022

Application for summary judgment — conversion — unjust enrichment — ownership of vehicle — Interest on Money Claims Act 2016, s 10 — District Court Rules 2014, rr 7.2(4) & 12.2(1) — Krukziener v Hanover Finance Ltd [2008] NZCA 187, [2010] NZAR 307 — NZI Bank Ltd v Philpott [1990] 2 NZLR 403, (1990) 3 PRNZ 695 — Mason v Dodd [2020] NZHC 2005. The plaintiff sued three defendants for conversion and unjust enrichment, and here made an application for summary judgment. The proceedings related to the ownership of a car; the plaintiff alleged that it owned the car and that the first defendant had wrongfully refused to return it. The defendants denied the allegation and argued that the plaintiff had given the car to the first defendant. In order to grant a summary judgment application the Court had to be satisfied that the defendant had no defence to the claim. A Court will not grant summary judgment where there is an issue worthy of trial. Having reviewed affidavit evidence from both parties the Court was not satisfied that the defendant had no defence to the claim. There were conflicts of evidence and issues of credibility that required a hearing for resolution. The application was dismissed. The Court directed the defendants to file and serve statements of defence within ten working days. Judgment Date: 24 September 2021.

Tags