ANZ Bank New Zealand Limited v Cutfield [2014] FCA 1214

ANZ Bank New Zealand Limited v Cutfield [2014] FCA 1214

There was an acceptable explanation for not meeting the notice deadline due to procedural gaps both in the Court registry's certification process (not specifying the Australian dollar equivalent where required) and the applicant solicitor's internal communications. An extension of time to give notice was thus warranted, and the certificate should be amended to comply with the statutory requirements.

Parties
Applicant: ANZ Bank New Zealand Limited; Respondent: Brian Murray Cutfield
Jurisdiction
Australia
Judgment Date
04 November 2014
Procedural Posture
Application for Extension of Time Regarding Enforcement of Registered Foreign Judgment / Determination of Application for Extension of Time and Amendment of Certificate of Registration
Outcome
Extension of time granted and certificate of registration to be amended to reflect Australian currency equivalent.
Legal Topics
Extension of Time, Registration and Enforcement of Foreign Judgments, Trans Tasman Proceedings Act 2010 (cth)
Practice and Procedure Extension of Time Registration and Enforcement of Foreign Judgments Trans Tasman Proceedings Act 2010 (cth)

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Parties

ANZ Bank New Zealand Limited

Applicant

Brian Murray Cutfield

Respondent

Procedural Posture

Application for Extension of Time Regarding Enforcement of Registered Foreign Judgment / Determination of Application for Extension of Time and Amendment of Certificate of Registration

Legal Issues

  1. 1 Whether an extension of time should be granted pursuant to s 73(3) of the Trans-Tasman Proceedings Act 2010 (Cth) to notify the respondent of the registration of a New Zealand judgment
  2. 2 Whether the certificate of registration must specify the Australian currency equivalent when registration is requested in Australian dollars

Ratio Decidendi

There was an acceptable explanation for not meeting the notice deadline due to procedural gaps both in the Court registry's certification process (not specifying the Australian dollar equivalent where required) and the applicant solicitor's internal communications. An extension of time to give notice was thus warranted, and the certificate should be amended to comply with the statutory requirements.

Court Disposition

Extension of time granted and certificate of registration to be amended to reflect Australian currency equivalent.

Orders

  • The Registrar issue to the applicant’s solicitors an amended certificate of registration stating the New Zealand judgment is registered for AUD $1,158,691.05.
  • The period to give notice of registration under s 73 is extended to within 15 working days of the order.