McCULLOCH v GEORGE [2014] NZHC 419
There was no basis shown to decline the application; accordingly the Court entered judgment and allowed interest and costs, registering the foreign judgment under the Reciprocal Enforcement of Judgments Act 1934.
Source-derived case information.
- Citation
- [2014] NZHC 419
- Parties
- Judgment Creditor: HILTON LORNE McCULLOCH; First Judgment Debtor: MICHAEL JOHN GEORGE; Second Judgment Debtor: BERNADETTE MARY HARRIS (nee GEORGE)
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 10 March 2014
- Procedural Posture
- Reciprocal Enforcement of Foreign Judgment / Application for Registration/enforcement Under the Reciprocal Enforcement of Judgments Act 1934
- Outcome
- Judgment entered for Judgment Creditor under the Reciprocal Enforcement of Judgments Act 1934 for NZ$92,967.75 and costs awarded to the Judgment Creditor.
- Legal Topics
- Recognition and Enforcement of Foreign Judgments, Costs, Interest
Source-derived case record
Summary, issues, holding and outcome
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Parties
HILTON LORNE McCULLOCH
Judgment Creditor
MICHAEL JOHN GEORGE
First Judgment Debtor
BERNADETTE MARY HARRIS (nee GEORGE)
Second Judgment Debtor
Procedural Posture
Reciprocal Enforcement of Foreign Judgment / Application for Registration/enforcement Under the Reciprocal Enforcement of Judgments Act 1934
Legal Issues
- 1 Whether to register and enter a foreign judgment under the Reciprocal Enforcement of Judgments Act 1934
- 2 Whether there is any basis to decline registration
- 3 Entitlement to interest and costs
Ratio Decidendi
There was no basis shown to decline the application; accordingly the Court entered judgment and allowed interest and costs, registering the foreign judgment under the Reciprocal Enforcement of Judgments Act 1934.
Court Disposition
Judgment entered for Judgment Creditor under the Reciprocal Enforcement of Judgments Act 1934 for NZ$92,967.75 and costs awarded to the Judgment Creditor.
Orders
- Judgment entered for the plaintiff in the sums: judgment debt NZ$59,047.95; interest to 1 December 2013 NZ$33,919.80; total NZ$92,967.75.
- Judgment to be registered and enforced under the Reciprocal Enforcement of Judgments Act 1934.
Full Case Text
Judgment text and source record
1 paragraphs
McCULLOCH v GEORGE [2014] NZHC 419 [10 March 2014]IN THE HIGH COURT OF NEW ZEALANDNAPIER REGISTRYCIV-2014-441-000006[2014] NZHC 419IN THE MATTER of the Reciprocal Enforcement ofJudgments Act 1934IN THE MATTER of a Judgment of the Local Court of NewSouth WalesBETWEEN HILTON LORNE McCULLOCHJudgment CreditorAND MICHAEL JOHN GEORGEFirst Judgment DebtorBERNADETTE MARY HARRIS (neeGEORGE)Second Judgment DebtorHearing: 10 March 2014 (via Telephone Conference at Wellington)Counsel: A C Poole for Judgment CreditorNo appearance for First and Second Judgment DebtorsJudgment: 10 March 2014JUDGMENT OF COLLINS J[1] This matter came before Associate Judge Osborne on 4 March 2014. For jurisdictional reasons it was transferred to me to be considered by way of a telephone conference on 10 March 2014.[2] When this matter was called before Associate Judge Osborne Mr and Mrs George appeared, although they had not filed any notice of opposition.[3] I had been led to believe that Mr and Mrs George would attend to the hearing before me that was conducted at 2.15 pm on 10 March.[4] Unfortunately, neither Mr or Mrs George were on the telephone conference call at the time I was linked to that conference call.[5] Having read the application and supporting affidavits, I can see no basis for declining the application.[6] Accordingly, I enter judgment for the plaintiff under the Reciprocal Enforcement of Judgments Act 1934 in the following sums:Judgment debt NZ$59,047.95Interest to 1 December 2013 NZ$33,919.80_____________Total NZ$92,967.75_____________[7] The Judgment Creditor is also entitled to costs in accordance with hiscounsel's memorandum of 10 March 2014.______________________D B Collins JSolicitors:Carter Kirkland Morrison, Auckland for Judgment Creditor