GOWDEY v HESELTINE [2021] NZHC 540

GOWDEY v HESELTINE [2021] NZHC 540

Because the California default judgment had been set aside on appeal there was no foreign judgment for this Court to enforce; accordingly the summary judgment application was declined and the statement of claim was struck out and the proceeding dismissed under r15.1(1). Costs were reserved.

Citation
[2021] NZHC 540
Parties
Plaintiff: David Russell Gowdey; First Defendant: John David Heseltine; Second Defendant: Bridget Alison McNeil; Third Defendant: CB Trustees (2013) Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 March 2021
Procedural Posture
Enforcement of Foreign Judgment (us Default Judgment) / Application for Summary Judgment; Subsequent Dismissal/strike Out After Foreign Judgment Set Aside
Outcome
Summary judgment application declined; statement of claim struck out and proceeding dismissed; costs reserved.
Legal Topics
Summary Judgment, Recognition and Enforcement of Foreign Judgments, Stay, Strike Out, Default Judgment
Civil Procedure Private International Law Contract Law Enforcement of Foreign Judgments Summary Judgment Recognition and Enforcement of Foreign Judgments Stay Strike Out +1 more

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Parties

David Russell Gowdey

Plaintiff

John David Heseltine

First Defendant

Bridget Alison McNeil

Second Defendant

CB Trustees (2013) Limited

Third Defendant

Procedural Posture

Enforcement of Foreign Judgment (us Default Judgment) / Application for Summary Judgment; Subsequent Dismissal/strike Out After Foreign Judgment Set Aside

Legal Issues

  1. 1 Whether a foreign default judgment that has been set aside on appeal remains enforceable in New Zealand
  2. 2 Whether the New Zealand proceedings should be stayed pending the plaintiff obtaining a new US judgment
  3. 3 Whether the statement of claim should be struck out under r15.1(1) High Court Rules

Ratio Decidendi

Because the California default judgment had been set aside on appeal there was no foreign judgment for this Court to enforce; accordingly the summary judgment application was declined and the statement of claim was struck out and the proceeding dismissed under r15.1(1). Costs were reserved.

Court Disposition

Summary judgment application declined; statement of claim struck out and proceeding dismissed; costs reserved.

Orders

  • Summary judgment application declined
  • Statement of claim struck out and proceeding dismissed pursuant to r15.1(1) High Court Rules