THE ATTORNEY-GENERAL V RJ PAYNE HC WN CIV-2004-485-1723

THE ATTORNEY-GENERAL V RJ PAYNE HC WN CIV-2004-485-1723

The Court had no jurisdiction to recall the sealed 25 May 2005 bankruptcy adjudication under r 11.9 High Court Rules and adjudications in bankruptcy cannot be rescinded by recall; the recall application is dismissed for lack of jurisdiction and, alternatively, on the merits.

Citation
openlaw-0f9d4f8e_dc53_44ee_910c_2de7ee81004b.pdf
Parties
Judgment Creditor: Attorney-General; Judgment Debtor / Applicant: Roger John Payne
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 February 2013
Procedural Posture
Application to Recall Bankruptcy Adjudication / Hearing and Judgment on Recall Application (application Dismissed)
Outcome
Application dismissed
Legal Topics
Recall of Judgment, Annulment of Adjudication, Standing, Sealing of Judgment, High Court Rules R 11.9
Insolvency Bankruptcy Civil Procedure Recall of Judgment Annulment of Adjudication Standing Sealing of Judgment High Court Rules R 11.9

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Parties

Attorney-General

Judgment Creditor

Roger John Payne

Judgment Debtor / Applicant

Procedural Posture

Application to Recall Bankruptcy Adjudication / Hearing and Judgment on Recall Application (application Dismissed)

Legal Issues

  1. 1 Whether the Court has jurisdiction to recall a sealed bankruptcy adjudication under r 11.9 High Court Rules
  2. 2 Whether the applicant has standing given rights may have vested in the Official Assignee
  3. 3 Whether newly discovered facts justified recall of the adjudication

Ratio Decidendi

The Court had no jurisdiction to recall the sealed 25 May 2005 bankruptcy adjudication under r 11.9 High Court Rules and adjudications in bankruptcy cannot be rescinded by recall; the recall application is dismissed for lack of jurisdiction and, alternatively, on the merits.

Court Disposition

Application dismissed

Orders

  • Application to recall 25 May 2005 adjudication dismissed
  • Costs awarded to the Attorney-General on a category 2B basis plus disbursements as approved by the Registrar