MACKENZIE v HISHON [2022] NZHC 2137

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
Civil Procedure Company Law Trusts Settlement Consent Judgment Share Transfer Settlement Agreement Costs +1 more

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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. 1 Whether Purple & Orange Limited could be joined as a plaintiff under r 4.56 High Court Rules 2016
  2. 2 Whether the proposed settlement should be recorded and enforced as a consent judgment
  3. 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