CARR AND ANOR V HUMPHRIES AND ORS HC DUN CIV 2007-412-000510

CARR AND ANOR V HUMPHRIES AND ORS HC DUN CIV 2007-412-000510

Because the debts secured by the charging orders had been paid, the second charging order over monies held by ANZ Bank could not stand and was discharged; costs in relation to that application are limited to attendances up to the 3 August judgment with no further entitlement for costs in respect of the ANZ charging...

Source-derived case information.

Citation
openlaw-ccffc4f2_3197_44e9_8efd_2a8f1a26771d.pdf
Parties
First Plaintiff: Ewan Robert Carr; Second Plaintiff: Brookside Farm Trust Ltd; First Defendant: Rodney John Humphries; Second Defendant: Big Sky Dairy Farms Ltd (in receivership); Third Defendant: Cascade Capital Limited; Fourth Defendant: Main Farm Limited (in receivership); Fifth Defendant: Consultant Management Services Limited (in receivership); Sixth Defendant: Awataieri Holdings Limited; Seventh Defendant: Jarcel Investments Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 September 2010
Procedural Posture
Application to Discharge Charging Order (civil) / Judgment on Papers
Outcome
Second charging order against ANZ monies discharged; costs limited as specified
Legal Topics
Charging Order, Discharge of Charging Order, Costs, Receivers' Claims
Civil Procedure Property Law Insolvency Receivership Charging Order Discharge of Charging Order Costs Receivers' Claims

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Parties

Ewan Robert Carr

First Plaintiff

Brookside Farm Trust Ltd

Second Plaintiff

Rodney John Humphries

First Defendant

Big Sky Dairy Farms Ltd (in receivership)

Second Defendant

Cascade Capital Limited

Third Defendant

Main Farm Limited (in receivership)

Fourth Defendant

Consultant Management Services Limited (in receivership)

Fifth Defendant

Awataieri Holdings Limited

Sixth Defendant

Jarcel Investments Limited

Seventh Defendant

Procedural Posture

Application to Discharge Charging Order (civil) / Judgment on Papers

Legal Issues

  1. 1 Whether a second charging order over ANZ Bank monies should be discharged given earlier discharge of a charging order over identical sums
  2. 2 Whether the plaintiffs are entitled to further costs in respect of the application to discharge the charging order over ANZ monies

Ratio Decidendi

Because the debts secured by the charging orders had been paid, the second charging order over monies held by ANZ Bank could not stand and was discharged; costs in relation to that application are limited to attendances up to the 3 August judgment with no further entitlement for costs in respect of the ANZ charging order application.

Court Disposition

Second charging order against ANZ monies discharged; costs limited as specified

Orders

  • Second Charging Order Nisi over any monies held by ANZ Bank discharged
  • Draft order for discharge amended to include the Court's orders of 3 August 2010 and 2 September 2010 with appropriate changes