Australia and New Zealand Banking Group Ltd v Kiloshkar [1994] FJHC 108; HBM0484d.1991s (24 August 1994)

IN THE HIGH COURT OF FIJI
AT SUVA

CIVIL ACTION NO.HBM0484D OF 1991

BETWEEN

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
Plaintiff

AND

GOVIND RAO KILOSHKAR
Defendant

Counsel: Mr. Prasad for Plaintiff
No appearance for defendant
(Mr. Knight having withdrawn)

Hearing: 5th August 1994
Decision: 24th August 1994

DECISION OF PAIN J.

This is an application by the Plaintiff for summary judgment pursuant to Order l4 rule 1 of the High Court Rules. The application was duly served on Cromptoms, solicitors on the record for the defendant. However they have been unable to contact the defendant and have no knowledge of his whereabouts. On 5th August 1994 an order was made pursuant to Order 67 rule 6(1) that Cromptoms have ceased to act for the defendant.

I have now had the opportunity to consider the application for judgment. The comprehensive affidavit filed in support clearly shows that the defendant is liable as guarantor for moneys owing to the plaintiff by Automated Business Equipment Limited. In his statement of defence the defendant admitted the existence and execution of the documents creating this liability. The only matters raised by the defendant are allegations that less than full value was realized on some assets but this defence is not sustainable on the papers. Moreover, the defendant has filed a counterclaim against the plaintiff in respect of these matters. He can still proceed with that counterclaim if he believes there is any substance in it.

The Plaintiff has established that the defendant has no defence to the claim included in the writ and is therefore entitled to judgment pursuant to Order l4 rule 1.

There is judgment for the plaintiff against the defendant for -

(a) The sum of $30,053.35;

(b) Interest thereon at the rate of 18.5 per centum per annum from 26th September 1991 compounded monthly at the end of every month till payment in full.

(c) Costs as fixed by the Chief Registrar.

JUSTICE D.B. PAIN

HBM0484D.91S