Dawson & Associates Ltd v Parlevliet [2012] CKHC 61; Plaint28.2011 (28 June 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)
PLAINT NO. 28/11

BETWEEN

DAWSON & ASSOCIATES LIMITED, of Nelson Solicitors, practising as a firm
First Plaintiff

AND

LARACY & CO, of Hong Kong, Solicitors
Second Plaintiff

AND

NICO PARLEVLIET, of Holland, Company Director
First Defendant

AND

OCEAN FISHERY COOK ISLANDS (No.1) LIMITED
Second Defendant

AND

HANNOVER COOK ISLANDS LIMITED
Third Defendant

AND

SUNNUBERG COOK ISLANDS LIMITED
Fourth Defendant

AND

JONC INTERNATIONAL CORPORATION
Fifth Defendant

Hearing: (On the papers)

Counsel: Mr Manarangi for Plaintiffs
No appearance for any Defendant

Date: 28 June 2012

JUDGMENT OF THE COURT

[1] This claim, issued on 25 October 2011, is for unpaid legal fees (including counsels fees) owing to the first plaintiff ($65,970,06) and to the second plaintiff (HK$40,388.94) plus interest and costs.

[2] No defendant has taken any step in opposition to the claim.

[3] Judgment by default was entered against the second, third and fourth defendants on 19 March 2012 for the sums claimed plus interest from the due date of the accounts down to the date of judgment at 8% and from the date of judgment to the date of payment at 10%. That judgment has not been paid.

[4] On 23 November 2011 the plaintiffs applied for substituted service of the ordinary summons and statement of claim on the first and fifth defendants by serving a copy on Mr Hall, the solicitor who had acted for them, and serving copies by email on the email address of the first defendant. An order was also made that those defendants file statements of defence within 30 days of service.

[5] Service was effected on the fifth defendant on 3 April 2012.

[6] By affidavit sworn on 28 June 2012 service was proved on the first defendant by way of substituted service on the Auckland solicitor on 7 May 2012 of the ordinary summons, statement of claim, order for substituted service, and together with a copy of the judgment against the second, third, and fourth defendants.

[7] On 28 June 2012, the plaintiffs by way of service sent a copy of the same documents to the first defendant at the only email address he has used throughout the litigation.

[8] In light of the fact the fifth defendant has taken no step in the proceedings since service and has filed no statement of defence, there will be a judgment by default against the fifth defendant and in favour of the first plaintiff in the sum of $65,970.06, and in favour of the second plaintiff in the sum of HK$40,388.94 together with interest on each of those amounts at 8% per annum from their due date down to date of judgment in accordance with s 89 of Judicature Act and at the rate of 10% per annum from the date of judgment to date of payment in accordance with Rule 206 of the Code of Civil Procedure. Each of the plaintiffs is also entitled to costs for the issue and service of these proceedings and obtaining judgment by default against the fifth defendant of an amount, to be quantified by memorandum and fixed by further order of the Court.

[9] Unless the first defendant files and serves a statement of defence prior to 30 July 2012 the plaintiffs will be entitled to a similar judgment against him, but adjudication on that aspect must await events or the effluxion of time.

Hugh Williams, J

Editorial Note: Derived from the Court’s electronic records and believed to be correct and final.