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Action to recover rates from Penny Bright

Published: 9 October 2015

The District Court on 7 October adjourned Auckland Council's application for summary judgment against Penny Bright for unpaid rates, totalling $34,182.51, until 21 December.

The adjournment was on the basis that Ms Bright advised the court that she did not recall receiving a supporting affidavit from the council.

Auckland Council stated in court that it was inconceivable the affidavit had not been included in the bundle of documents served by the process server on Ms Bright in May, particularly when Ms Bright confirmed in court that she had received a number of the other documents in that bundle.

The council subsequently located an email from Ms Bright sent in May to a wide range of recipients confirming that she had in fact received the affidavit.

The council drew Ms Bright’s attention to the email and suggested that in the circumstances it would be appropriate for her to write to the court advising that she was mistaken in her recollection.

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