MACKENZIE v HISHON [2022] NZHC 2137
The court entered the parties' agreed consent judgment, exercised power under r 4.56 to join Purple & Orange Limited as a plaintiff, and ordered the settlement terms (payment schedule, transfer of shares, resignation as director, and no order for costs) which together operate as a full and final bar to past claims...
Source-derived case information.
- Citation
- [2022] NZHC 2137
- Parties
- First Plaintiff: Louise Rose Mackenzie; Second Plaintiff: Purple & Orange Limited; First Defendant: Anthony John Kennedy Hishon; Second Defendants: Anthony John Kennedy Hishon and Andrea Mairi Soper, as trustees of the KJ and KA Hishon Family Trust
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 August 2022
- Procedural Posture
- Civil High Court Consent Judgment / Resumed Judicial Settlement Conference; Consent Judgment Entered
- Outcome
- Consent judgment entered recording full and final settlement between the parties and granting the parties' agreed orders
- Legal Topics
- Consent Judgment, Share Transfer, Settlement Agreement, Costs, Release of Claims
Source-derived case record
Summary, issues, holding and outcome
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Parties
Louise Rose Mackenzie
First Plaintiff
Purple & Orange Limited
Second Plaintiff
Anthony John Kennedy Hishon
First Defendant
Anthony John Kennedy Hishon and Andrea Mairi Soper, as trustees of the KJ and KA Hishon Family Trust
Second Defendants
Procedural Posture
Civil High Court Consent Judgment / Resumed Judicial Settlement Conference; Consent Judgment Entered
Legal Issues
- 1 Whether Purple & Orange Limited could be joined as a plaintiff under r 4.56 High Court Rules 2016
- 2 Whether the proposed settlement should be recorded and enforced as a consent judgment
- 3 Whether the settlement operates as a full and final bar to future claims between the parties
Ratio Decidendi
The court entered the parties' agreed consent judgment, exercised power under r 4.56 to join Purple & Orange Limited as a plaintiff, and ordered the settlement terms (payment schedule, transfer of shares, resignation as director, and no order for costs) which together operate as a full and final bar to past claims between the parties.
Court Disposition
Consent judgment entered recording full and final settlement between the parties and granting the parties' agreed orders
Orders
- These orders are made in full and final settlement of all claims between the parties to this proceeding
- This consent judgment is an absolute bar to any further claim between the parties save for causes of action arising after this consent judgment
Full Case Text
Judgment text and source record
1 paragraphs
MACKENZIE v HISHON [2022] NZHC 2137 [25 August 2022]IN THE HIGH COURT OF NEW ZEALANDINVERCARGILL REGISTRYI TE KŌTI MATUA O AOTEAROAWAIHŌPAI ROHECIV-2020-425-52[2022] NZHC 2137BETWEEN LOUISE ROSE MACKENZIEFirst PlaintiffPURPLE & ORANGE LIMITEDSecond PlaintiffAND ANTHONY JOHN KENNEDY HISHONFirst DefendantANTHONY JOHN KENNEDY HISHONand ANDREA MAIRI SOPER, as trustees ofthe KJ and KA Hishon Family TrustSecond DefendantsHearing: 25 August 2022(Resumed Judicial Settlement Conference)Counsel: J B Walker for First and Second PlaintiffsR G R Eagles for First and Second DefendantsJudgment: 25 August 2022JUDGMENT OF ASSOCIATE JUDGE LESTER(Consent Judgment)[1] The first plaintiff, first defendant and second defendants attended a (resumed)Judicial Settlement Conference (JSC) on 25 August 2022.[2] While Purple & Orange Limited is shown on some papers as a second plaintiff,it is not formally a party to this proceeding. However, for the purposes of this consentjudgment, the defendants consent to Purple & Orange Limited being joined as secondplaintiff and I so order under r 4.56 of the High Court Rules 2016.[3] The parties' preference was to have their settlement recorded in a consentjudgment.[4] Accordingly, the following orders are made by consent:(a) These orders are made in full and final settlement of all claims betweenthe parties to this proceeding. For the avoidance of doubt, the full andfinal settlement extends to all claims, judgments, appeals or any claimwhatsoever known or unknown between the parties. The intent is, as itwas said during the JSC, that this is a "walk away" settlement so thatall parties know that all matters between them are resolved finally, onceand for all.(b) For the avoidance of doubt, this consent judgment shall be an absolutebar to any further claim between the parties save as to any cause ofaction that only accrues from events after this consent judgment.(c) The first and second defendants are jointly and severally to pay to thefirst plaintiff the sum of $110,000.00 by two instalments. The firstinstalment of $55,000.00 is due three calendar months from today,25 August 2022 (that is by 25 November 2022). The second instalment,being the balance of the $110,000.00 is payable nine months thereafter,that is, in 12 months' time (that is by 25 August 2023).(d) The first plaintiff shall transfer her shares in Purple & Orange Ltd tothe first defendant or his nominee. The first plaintiff shall also resignas a director of Purple & Orange Ltd.(e) There shall be no order for costs in respect of this proceeding.(f) To the extent necessary, the parties shall advise any court or tribunal inwhich there is an active application, that a decision from that court isno longer required and any live applications, appeals or proceedingscan be treated as at an end or discontinued._________________________________Associate Judge LesterSolicitors:Walker Murdoch Law, InvercargillEagles Eagles & Redpath, Invercargill