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Quick Cash Finance Ltd v Aspinall-Su'a [2018] NZDC 17283

Published 21 May 2019

Reserve Judgment — contractual dispute — third parties — self-represented — District Court Rules 2014, rr 4.17, 4.4 — District Court Act 2016 — Disputes Tribunal Act 1988, s 37. The plaintiff advanced a loan of $1315 (including fees) to the defendant, which the defendant defaulted on. The plaintiff initiated proceedings, seeking a sum of $3,121.69, that being the amount outstanding on the loan, plus interest and costs associated with the proceedings. The defendant, a lay litigant, then filed various counterclaims, drawing in other third parties, seeking $33,960.69 in punitive damages (along with other claims against further parties). The Judge made efforts through telephone conferences to bring the parties together, but was not successful. Ultimately, the Judge found the third party notices were not filed and served in accordance with District Court Rules and struck out those related claims, leaving the maximum amount to be claimed by the defendant at $12,000 against the plaintiff. The Judge, in the interest of expediency and cost, ordered the proceedings be transferred to the Disputes Tribunal, per s 37 of the Disputes Tribunal Act. Judgment Date: 29 August 2018.

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