Bank of Cook Islands Ltd v Raeputa [2015] CKHC 7; PLT 3.2015 (20 March 2015)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)

PLT: 3/2015

BETWEEN

BANK OF THE COOK ISLANDS LIMITED
a duly incorporated company having its registered office in Avarua, Rarotonga and carrying on business there as Bankers
(Plaintiff)

AND

TUPOPONGI RAEPUTA
of Auckland, New Zealand
(Defendant)

Date: 20 March 2015
Counsel: Mr Ben Marshall for the Plaintiff
No appearance for the Defendant

Minute: 20 March 2015

DECISION OF HUGH WILLIAMS J

[1] This matter is similar to the decision on Plaint 2/15. A Statement of Claim was issued on 22 January 2015 and served on the Defendant who now lives in Auckland New Zealand on 10 February 2015.

[2] A Notice of Hearing plus an application for Entry of Judgment and the submissions of counsel were all similarly served on Mr Raeputa on 9 March 2015 with the service giving him Notice that indemnity costs would be sought.

[3] There being no appearance and no excuse, there will be judgment for the Plaintiff against the Defendant for $6686.10 plus interest of 10% on that sum from the date of judgment to the date of payment.

[4] The amount charged to the Plaintiff for indemnity costs as at todays date totals $3404.95 and there will be similar judgment for the Plaintiff against the Defendant for that sum by way of costs.

Hugh Williams J