HARJIT JHOOTI T/A TTP FINANCIAL COMPENSATION v MAKEPEACE [2021] NZHC 2492 [22 September 2021]

HARJIT JHOOTI T/A TTP FINANCIAL COMPENSATION v MAKEPEACE [2021] NZHC 2492 [22 September 2021]

The memorial filed complied with the procedural requirements of s 172(3) of the Senior Courts Act 2016, the County Court seal on the foreign judgment was prima facie valid, and accordingly registration of the memorial was ordered; costs were not awarded on the without‑notice application and were reserved pending the...

Source-derived case information.

Citation
[2021] NZHC 2492
Parties
Judgment Creditor: Harjit Jhooti t/a TTP Financial Compensation; Judgment Debtor: Penelope Makepeace
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 September 2021
Procedural Posture
Registration of Foreign Judgment Under Senior Courts Act 2016 S 172 / Without‑notice Originating Application; Hearing on the Papers; Order Made
Outcome
Order to register the memorial of the County Court (UK) judgment under s 172 granted; costs reserved
Legal Topics
Registration of Foreign Judgments, Senior Courts Act 2016 S 172, Service of Foreign Process, Costs Reservation
Civil Procedure Enforcement of Judgments Private International Law Debt Recovery Registration of Foreign Judgments Senior Courts Act 2016 S 172 Service of Foreign Process Costs Reservation

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Parties

Harjit Jhooti t/a TTP Financial Compensation

Judgment Creditor

Penelope Makepeace

Judgment Debtor

Procedural Posture

Registration of Foreign Judgment Under Senior Courts Act 2016 S 172 / Without‑notice Originating Application; Hearing on the Papers; Order Made

Legal Issues

  1. 1 Whether a memorial of a County Court (UK) judgment may be registered in New Zealand under s 172 of the Senior Courts Act 2016
  2. 2 Whether the memorial filed met the statutory formal requirements of s 172(3)
  3. 3 Whether the County Court seal and the foreign judgment were properly authenticated

Ratio Decidendi

The memorial filed complied with the procedural requirements of s 172(3) of the Senior Courts Act 2016, the County Court seal on the foreign judgment was prima facie valid, and accordingly registration of the memorial was ordered; costs were not awarded on the without‑notice application and were reserved pending the respondent's opportunity to be heard.

Court Disposition

Order to register the memorial of the County Court (UK) judgment under s 172 granted; costs reserved

Orders

  • Order for registration of the memorial of the County Court judgment dated 6 February 2021 as set out in the applicant's draft filed 17 September 2021, excluding any order for costs
  • Applicant to serve respondent with copies of the documents filed by applicant on 17 September 2021, the applicant's affidavit and any other relevant documents