SIMPSON v GIDDINGS [2017] NZHC 2560

SIMPSON v GIDDINGS [2017] NZHC 2560

Leave to issue enforcement process was granted because the applicants, having become trustees following assignment and appointment, are the persons now entitled to the judgment debt and the Court will normally grant leave where the need for leave arises from devolution of interest; substituted trustees must serve a copy of this judgment when pursuing enforcement.

Citation
[2017] NZHC 2560
Parties
Applicant; Substituted Judgment Creditor (trustee of Te Tua Charitable Trust): Robert Arnold Linton; Applicant; Substituted Judgment Creditor (trustee of Te Tua Charitable Trust): Andrew James Morris; Former Judgment Creditors (as Statutory Managers of the Te Tua Charitable Trust): Richard Grant Simpson; Trevor Francis Thornton; Graeme Carson McGlinn; Judgment Debtor: Nicola Louise Giddings
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 October 2017
Procedural Posture
Application for Leave to Issue Enforcement Process (r 17.9 High Court Rules) / Interlocutory Application Determined on the Papers
Outcome
Leave granted to substituted trustees to issue enforcement process; substituted trustees recorded as judgment creditors; procedural direction to serve the judgment on the debtor when enforcing.
Legal Topics
Leave to Enforce Judgment, Substitution of Judgment Creditor, Assignment of Judgment Debt, Statutory Management
Civil Procedure Enforcement Trusts Insolvency/bankruptcy Leave to Enforce Judgment Substitution of Judgment Creditor Assignment of Judgment Debt Statutory Management

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Parties

Robert Arnold Linton

Applicant; Substituted Judgment Creditor (trustee of Te Tua Charitable Trust)

Andrew James Morris

Applicant; Substituted Judgment Creditor (trustee of Te Tua Charitable Trust)

Richard Grant Simpson; Trevor Francis Thornton; Graeme Carson McGlinn

Former Judgment Creditors (as Statutory Managers of the Te Tua Charitable Trust)

Nicola Louise Giddings

Judgment Debtor

Procedural Posture

Application for Leave to Issue Enforcement Process (r 17.9 High Court Rules) / Interlocutory Application Determined on the Papers

Legal Issues

  1. 1 Whether leave pursuant to r 17.9 High Court Rules was required following change in parties entitled to enforce the judgment
  2. 2 Whether leave should be granted to the substituted trustees to issue enforcement process to recover the judgment debt
  3. 3 Whether the term "enforcement process" includes bankruptcy proceedings (not decided)

Ratio Decidendi

Leave to issue enforcement process was granted because the applicants, having become trustees following assignment and appointment, are the persons now entitled to the judgment debt and the Court will normally grant leave where the need for leave arises from devolution of interest; substituted trustees must serve a copy of this judgment when pursuing enforcement.

Court Disposition

Leave granted to substituted trustees to issue enforcement process; substituted trustees recorded as judgment creditors; procedural direction to serve the judgment on the debtor when enforcing.

Orders

  • Robert Arnold Linton and Andrew James Morris as trustees of the Te Tua Charitable Trust are substituted as judgment creditors in place of Richard Grant Simpson, Trevor Francis Thornton and Graeme Carson McGlinn as statutory managers of the Te Tua Charitable Trust (in stat man)
  • The substituted judgment creditors have leave to issue an enforcement process in relation to the judgment debt established by the judgment dated 5 February 2013