RACV CREDIT UNION LTD (NOW TRADING AS BIG SKY CREDIT UNION LTD) V IP OLLIVER AND MC OLLIVER HC NWP CIV 2007-443-426

RACV CREDIT UNION LTD (NOW TRADING AS BIG SKY CREDIT UNION LTD) V IP OLLIVER AND MC OLLIVER HC NWP CIV 2007-443-426

The applicant satisfied the requirements for registration under the Reciprocal Enforcement of Judgments Act and High Court Rules r736; the Victorian Magistrates Court judgment is therefore registrable as a judgment of this Court, with interest on the judgment to run at 7.5% per annum from 30 October 2006 until payment, and sealing postponed until affidavit of service on Mrs Olliver is filed.

Citation
openlaw-5b5785da_342c_431d_8f9b_b5da8af55bab.pdf
Parties
Creditor: RACV Credit Union Limited (now trading as Big Sky Credit Union Limited); Debtor: Ian Paul Olliver; Debtor: Mary Clare Olliver
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 October 2007
Procedural Posture
Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Application for Registration (oral Judgment)
Outcome
Application to register foreign judgment granted in part with conditions
Legal Topics
Registration of Foreign Judgment, Reciprocal Enforcement of Judgments Act 1934, High Court Rules R736 and R538, Judicature Act 1908 S87 (interest), Costs Entitlement
Civil Procedure Private International Law Enforcement of Foreign Judgments Contract Law Remedies (interest and Costs) Registration of Foreign Judgment Reciprocal Enforcement of Judgments Act 1934 High Court Rules R736 and R538 +2 more

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Parties

RACV Credit Union Limited (now trading as Big Sky Credit Union Limited)

Creditor

Ian Paul Olliver

Debtor

Mary Clare Olliver

Debtor

Procedural Posture

Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Application for Registration (oral Judgment)

Legal Issues

  1. 1 Whether applicant is entitled to enforce the Victorian Magistrates Court judgment
  2. 2 Whether the judgment remains unsatisfied and enforceable in Australia
  3. 3 Whether statutory and rule requirements for registration (r736) have been met

Ratio Decidendi

The applicant satisfied the requirements for registration under the Reciprocal Enforcement of Judgments Act and High Court Rules r736; the Victorian Magistrates Court judgment is therefore registrable as a judgment of this Court, with interest on the judgment to run at 7.5% per annum from 30 October 2006 until payment, and sealing postponed until affidavit of service on Mrs Olliver is filed.

Court Disposition

Application to register foreign judgment granted in part with conditions

Orders

  • Order that the judgment of the Magistrates Court of Victoria dated 30 October 2006 be registered as a judgment of this Court pursuant to s 3 of the Reciprocal Enforcement of Judgments Act in favour of Big Sky Credit Union Limited against Ian Paul Olliver and Mary Clare Olliver requiring payment of AUS$10,588.87 and...
  • Order that the judgment shall attract interest at the rate of 7.5% per annum on AU$11,748.46 from 30 October 2006 until payment.