Civil Law Affidavit Of Tipene M Johnstone †MyAssignmenthelp.com

Question: Discuss about the Civil Law Affidavit Of Tipene M Johnstone. Answer: Affidavit Of Tipene M. Johnstone In Support Of PlaintiffS Application For Summary Judgement Application 1.I am the Senior Partner of the plaintiff firm in this proceeding. I am authorised to make this affidavit on behalf of the plaintiff firm. The plaintiff firm owns and operates a business named Johnstone Associates, engaged in offering services as Barristers Solicitors, situated at 10 Armagh Street PO Box 123, DX GP5678, in Hamilton (the firm). 2.In May 2016, the plaintiff firm offered its services in the field of Barristers Solicitors in which the firm is a specialist, to Mr. David Malcolm Watson, the respondent. It was agreed between the plaintiff firm and the respondent that respondent shall pay an hourly rate of $150 to the plaintiff firm for the legal services rendered. Attached and marked as AS1. 3.The respondent, David Malcolm Watson provided me with the details of the property which he intended to purchase. He wanted us to offer guidance and legal advice on documentation involved in the purchase of property situated at 34 Hathaway Street, Hamilton. 4.I studied the legal provisions of the Hamilton City Council and also checked the District Plan. The property in question was built in accordance with the District Plan. 5.On 19 September 2016, I sent the invoice to the defendant on behalf of the plaintiff firm. Attached and marked as AS2. In the invoice I made clear the details of the services rendered by the plaintiff firm and also quoted the price for those services as had been agreed between us in the month of May 2016 when the contract for the services was enacted between the plaintiff firm and the respondent. 6.Not receiving any response from the respondent, I despatched a reminder on 05 October 2016. Attached and marked as AS3. In the reminder I pointed out that an amount of $4,000 was standing overdue towards the defendant since 19 September 2016. 7.In the reminder notice, I drew the attention of the defendant to the payment clause as well as to the interest clause in case of delay in payment beyond seven days, of my Letter of Acceptance dated 03 May 2016. Attached and marked as AS1 with the notice. 8.The respondent did not reply to the reminder either nor did it show any willingness of paying the outstanding amount, which was now due for more than five months, as against the seven days payment period stipulated in the service contract. 9.I again posted a demand notice to the respondent on 06 November 2016. Attached and marked as AS4. 10.By now it was becoming apparent that the defendant was not willing to settle the outstanding amount. 11.This left us with no other recourse of recovery but the legal recourse. Hence, we decided to file this injunction. 12.We believe that the defendant has the ability and means to pay this amount but not the willingness to settle the outstanding. Hence, we pray, through this interlocutory application, for an interim injunction against the defendant. Signature of DeponentSWORN at Hamilton on this 08 day of September 2017 before me: A Solicitor of the High Court of New Zealand Hamilton Registry Attachments AS 1: Letter of Retainer AS 2: Invoice AS 3: Letter to Watson Outstanding Amount AS 4: Letter to Watson Demand Notice AS 5: Memo to Staff Solicitor References I, Tipene M. Johnstone, Partner, Johnstone Associates of Hamilton, swear: