JURAN V QUINN COA CA315/2012
The appeal is allowed because the parties filed a joint memorandum confirming settlement and requesting consent orders; accordingly the Court quashed the High Court judgment and set aside the bankruptcy notice and made no order as to costs.
Source-derived case information.
- Citation
- COA CA315/2012
- Parties
- Appellant: Alen Valentin Juran; Respondent: Gerrard Stephen Quinn
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 3 August 2012
- Procedural Posture
- Appeal / On the Papers (consent Orders)
- Outcome
- Appeal allowed; High Court judgment quashed; bankruptcy notice set aside; no order as to costs.
- Legal Topics
- Bankruptcy Notice, Setting Aside Judgment, Consent Orders, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alen Valentin Juran
Appellant
Gerrard Stephen Quinn
Respondent
Procedural Posture
Appeal / On the Papers (consent Orders)
Legal Issues
- 1 Whether the High Court judgment refusing to set aside a bankruptcy notice should be quashed
- 2 Whether the bankruptcy notice issued 27 February 2012 should be set aside by consent
Ratio Decidendi
The appeal is allowed because the parties filed a joint memorandum confirming settlement and requesting consent orders; accordingly the Court quashed the High Court judgment and set aside the bankruptcy notice and made no order as to costs.
Court Disposition
Appeal allowed; High Court judgment quashed; bankruptcy notice set aside; no order as to costs.
Orders
- The appeal is allowed.
- The judgment of the High Court delivered on 3 May 2012 is quashed.
Full Case Text
Judgment text and source record
1 paragraphs
JURAN V QUINN COA CA315/2012 [3 August 2012]IN THE COURT OF APPEAL OF NEW ZEALANDCA315/2012[2012] NZCA 349BETWEEN ALEN VALENTIN JURANAppellantAND GERRARD STEPHEN QUINNRespondentCourt: Harrison, Wild and White JJCounsel: A C Beck for appellantJ R Grace for respondentJudgment(On the papers): 3 August 2012 at 10.30 amJUDGMENT OF THE COURTA The appeal is allowed.B The judgment of the High Court delivered on 3 May 2012 is quashed.C The bankruptcy notice issued by the respondent to the appellant on 27 February 2012 is set aside.D No order as to costs.____________________________________________________________________REASONS OF THE COURT(Given by Wild J)[1] This appeal was filed on 30 May 2012. It is against a judgment delivered by Associate Judge Matthews on 3 May 2012 refusing to set aside a bankruptcy notice issued on 27 February 2012 by the respondent to the appellant.1[2] In a joint memorandum filed on 29 June counsel for the parties advised that they have settled this matter and requested that the Court make the following orders by consent:(a) Setting aside the 3 May 2012 judgment of the High Court.(b) Setting aside the bankruptcy notice issued by the respondent to the appellant on 27 February 2012.[3] In the same memorandum counsel advised that they are agreed there should be no order as to costs.[4] By consent, we make the orders sought, and make no order as to the costs of the appeal.Solicitors:Macalister Mazengarb, Wellington for Appellant1 Quinn v Juran HC Wellington CIV-2012-485-433, 3 May 2012.