EMMOTT v WILSON & PARTNERS LIMITED [2016] NZHC 2450

EMMOTT v WILSON & PARTNERS LIMITED [2016] NZHC 2450

The Court was satisfied on the affidavit evidence that a qualifying English judgment existed and that the registration application complied with required certification; accordingly registration was ordered and the statutory set aside period and enforcement prohibition under r 23.15 were applied.

Citation
[2016] NZHC 2450
Parties
Judgment Creditor: John Forster Emmott; Judgment Debtor: Michael Wilson & Partners Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 October 2016
Procedural Posture
Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Originating Application for Registration Filed Without Notice (on the Papers)
Outcome
Registration of the English High Court judgment ordered.
Legal Topics
Registration of Foreign Judgment, Reciprocal Enforcement of Judgments, Procedure for Setting Aside Registration, Effect of Notice and Enforcement Stay
Civil Procedure Enforcement of Judgments Private International Law Registration of Foreign Judgment Reciprocal Enforcement of Judgments Procedure for Setting Aside Registration Effect of Notice and Enforcement Stay

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Parties

John Forster Emmott

Judgment Creditor

Michael Wilson & Partners Limited

Judgment Debtor

Procedural Posture

Registration of Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Originating Application for Registration Filed Without Notice (on the Papers)

Legal Issues

  1. 1 Whether the English High Court judgment dated 26 June 2016 was eligible for registration under the Reciprocal Enforcement of Judgments Act 1934
  2. 2 Whether the Court should order registration on the evidence presented without notice
  3. 3 Consequences of registration including period and conditions for setting aside and prohibition on enforcement

Ratio Decidendi

The Court was satisfied on the affidavit evidence that a qualifying English judgment existed and that the registration application complied with required certification; accordingly registration was ordered and the statutory set aside period and enforcement prohibition under r 23.15 were applied.

Court Disposition

Registration of the English High Court judgment ordered.

Orders

  • Order for registration of the foreign judgment in the form appended to the affidavit of Daniel Hunt dated 5 September 2016
  • Notice that an application to set aside the registration must be made within 30 working days from service of notice of registration