19 December 2013

Debt: P v. Bridgecorp

Bridgecorp receivers were playing within the rules said the Supreme Court when they obtained judgement for over $65,000 against a lawyer without a court hearing.  The lawyer had previously signed an admission of liability and given the receivers permission to file it in court should agreed debt rescheduling not be honoured.
Lenders benefit from any shortcuts which reduce time and expense in court procedures. Chief Justice Elias expressed concern that this shortcut will be misused in the future, to the prejudice of “the poor and ignorant”.  Consumers can be signing away their rights to notice, a hearing and a defence without any appreciation of what they are doing.  
The Supreme Court was told the $65,000 court judgement followed attempts by a lawyer to bail out a cousin who owed money to Bridgecorp.  The lawyer’s name was supressed.  He came to the rescue after Bridgecorp threatened to bankrupt his cousin over an unpaid $91,000 debt.  New terms for payment of a lesser sum were settled.  The lawyer agreed to accept liability for the cousin’s debt by paying a discounted amount of $50,000 and offering as security a mortgage over his family home which he part-owned with another.  But in giving the mortgage he forged documents to give security over the co-owners’ share as well.  The fraud became apparent when Bridgecorp, still unpaid, tried to sell the home in a mortgagee sale.  Facing these complications, Bridgecorp’s receivers negotiated another round of rescheduling: the debt was to be repaid by instalments, with the lawyer signing an admission of liability which would be used in court proceedings if payments were not made.  The lawyer was given a copy of a draft statement of claim which would be filed in court if he did not make the rescheduled payments and he gave the receivers written authority to file the claim should he default.
The Supreme Court ruled that judgment could be granted on the basis of the lawyer’s admission signed at a time before any court proceedings were filed.  The precise sum claimed did not have to be spelt out, provided there was a formula in the admission enabling the amount due to be calculated.
P. v. Bridgecorp – Supreme Court (19.12.13)
14.005