DEO DATT SHARMA V NIRMALI WATI HC AK CIV2008-404-3124

DEO DATT SHARMA V NIRMALI WATI HC AK CIV2008-404-3124

The adjudication order was refused because the sealed certificate of judgment was unsafe to rely upon: the sealed costs order appears to include reserved costs that were never determined and the correct remedy is recall of judgment rather than reliance on the existing sealed order, so the court exercised its discretion not to make an adjudication order despite the unpaid debt.

Citation
openlaw-62bd2604_4c08_495c_978c_1b3c42fcffa8.pdf
Parties
Judgment Debtor: Deo Datt Sharma; Judgment Creditor: Nirmali Wati
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 October 2008
Procedural Posture
Bankruptcy / Hearing on Application for Adjudication Order (bankruptcy)
Outcome
Application for adjudication order refused; no costs awarded to the judgment creditor.
Legal Topics
Adjudication Order, Sealed Costs Order, Recall of Judgment, Reserved Costs, Certificate of Judgment
Insolvency Bankruptcy Civil Procedure Costs Adjudication Order Sealed Costs Order Recall of Judgment Reserved Costs +1 more

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Parties

Deo Datt Sharma

Judgment Debtor

Nirmali Wati

Judgment Creditor

Procedural Posture

Bankruptcy / Hearing on Application for Adjudication Order (bankruptcy)

Legal Issues

  1. 1 Whether the court should make an adjudication order when the sealed judgment relied on appears to include costs that were not properly ordered
  2. 2 Whether the court may go behind a sealed certificate of judgment in the bankruptcy jurisdiction
  3. 3 Appropriate procedural remedy to challenge inclusion of reserved costs in a sealed costs order

Ratio Decidendi

The adjudication order was refused because the sealed certificate of judgment was unsafe to rely upon: the sealed costs order appears to include reserved costs that were never determined and the correct remedy is recall of judgment rather than reliance on the existing sealed order, so the court exercised its discretion not to make an adjudication order despite the unpaid debt.

Court Disposition

Application for adjudication order refused; no costs awarded to the judgment creditor.

Orders

  • Application for adjudication refused
  • No order for costs in favour of the judgment creditor; costs to lie where they fall