FIJI NATIONAL PROVIDENT FUND BOARD v BESE [2023] NZHC 1226

FIJI NATIONAL PROVIDENT FUND BOARD v BESE [2023] NZHC 1226

Rule 23.4 creates a specific regime permitting without-notice registration applications using form G30 and is not displaced by the certification requirements of r7.23; the applicant proved the prescribed matters under the Act and Rules, so registration was properly granted and the Fiji judgment was registered in the NZD equivalent as ordered.

Citation
[2023] NZHC 1226
Parties
Judgment Creditor: Fiji National Provident Fund Board; Judgment Debtor: Kolinio Tuira Bese
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 December 2023
Procedural Posture
Application to Register Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Registration Application (without Notice)
Outcome
Application for registration of foreign judgment granted
Legal Topics
Registration of Foreign Judgment, Reciprocal Enforcement of Judgments Act 1934, High Court Rules R23.4, Application Without Notice, Currency Conversion
Civil Procedure Enforcement of Foreign Judgments Conflict of Laws Registration of Foreign Judgment Reciprocal Enforcement of Judgments Act 1934 High Court Rules R23.4 Application Without Notice Currency Conversion

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Parties

Fiji National Provident Fund Board

Judgment Creditor

Kolinio Tuira Bese

Judgment Debtor

Procedural Posture

Application to Register Foreign Judgment Under Reciprocal Enforcement of Judgments Act 1934 / Registration Application (without Notice)

Legal Issues

  1. 1 Whether registration application can be made without notice and without r7.23 certification
  2. 2 Whether the prescribed matters under the Reciprocal Enforcement of Judgments Act 1934 and High Court Rules were proved
  3. 3 Whether the foreign judgment was capable of enforcement in the original jurisdiction at the date of application

Ratio Decidendi

Rule 23.4 creates a specific regime permitting without-notice registration applications using form G30 and is not displaced by the certification requirements of r7.23; the applicant proved the prescribed matters under the Act and Rules, so registration was properly granted and the Fiji judgment was registered in the NZD equivalent as ordered.

Court Disposition

Application for registration of foreign judgment granted

Orders

  • The High Court of Fiji judgment dated 1 February 2023 is registered in New Zealand in the New Zealand dollar equivalent of NZD 206,474.18 as at 14 December 2023
  • Judgment debtor Kolinio Tuira Bese is liable for NZD 206,474.18 as at 14 December 2023