CARTERS A DIVISION OF CARTER HOLT HARVEY LIMITED V LINDA ANN MCGUIGAN HC WN CIV 2007-485-1746

CARTERS A DIVISION OF CARTER HOLT HARVEY LIMITED V LINDA ANN MCGUIGAN HC WN CIV 2007-485-1746

The ex parte r 621 application was refused because the debt was relatively small ($13,084.02), the creditor had not attempted the less intrusive r 620 process, and in those circumstances proceeding ex parte to a detailed r 621 examination was an improper exercise of the Court's discretion; leave to reapply was reserved subject to serving a r 620 notice.

Citation
openlaw-997f1fc7_8130_4c24_89e2_f0bef632cef4.pdf
Parties
Judgment Creditor: Carters A Division of Carter Holt Harvey Limited; Judgment Debtor: Linda Ann McGuigan
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 July 2008
Procedural Posture
Ex Parte Application for Examination of Judgment Debtor Under R 621 High Court Rules / Post Judgment Application for Examination (r 621)
Outcome
Application under r 621 refused; leave to reapply reserved subject to service of r 620 notice.
Legal Topics
Judgment Debtor Examination, Rule 621, Rule 620 Notice, Charging Order
Civil Procedure Enforcement of Judgments High Court Rules Judgment Debtor Examination Rule 621 Rule 620 Notice Charging Order

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Parties

Carters A Division of Carter Holt Harvey Limited

Judgment Creditor

Linda Ann McGuigan

Judgment Debtor

Procedural Posture

Ex Parte Application for Examination of Judgment Debtor Under R 621 High Court Rules / Post Judgment Application for Examination (r 621)

Legal Issues

  1. 1 Whether an ex parte order for examination under r 621 should be granted
  2. 2 Whether the r 620 notice procedure should be used before pursuing r 621 for a relatively small debt
  3. 3 Proper exercise of the court's discretion in ordering a judgment debtor examination

Ratio Decidendi

The ex parte r 621 application was refused because the debt was relatively small ($13,084.02), the creditor had not attempted the less intrusive r 620 process, and in those circumstances proceeding ex parte to a detailed r 621 examination was an improper exercise of the Court's discretion; leave to reapply was reserved subject to serving a r 620 notice.

Court Disposition

Application under r 621 refused; leave to reapply reserved subject to service of r 620 notice.

Orders

  • Application for examination under r 621 refused.
  • Judgment creditor recommended to serve a notice under r 620 requiring completion of a financial statement.