McCULLOCH v GEORGE [2014] NZHC 419

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
Civil Enforcement Conflict of Laws Judgment Registration Recognition and Enforcement of Foreign Judgments Costs Interest

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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. 1 Whether to register and enter a foreign judgment under the Reciprocal Enforcement of Judgments Act 1934
  2. 2 Whether there is any basis to decline registration
  3. 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.