CROAD DUNPHY V RABSON HC WN CIV-2011-485-2437

CROAD DUNPHY V RABSON HC WN CIV-2011-485-2437

The Court recalled its prior interlocutory judgment and substituted orders requiring the debtor to pay $97,727.41 to the judgment creditors by 3 pm on 7 March 2013 and adjourned the adjudication to 11 March 2013. The substitution was appropriate because the Supreme Court had refused leave and awarded costs to the applicants, rendering the original security order overtaken by events and justifying direct payment to the creditors; an indefinite stay was denied and only a limited short adjournment was permitted to balance the debtor's appeal rights and the creditors' interest in timely adjudication.

Citation
openlaw-696d1b5c_6d2f_4602_8045_7c6625f6c281.pdf
Parties
Judgment Creditor (as Liquidator of Double Zero Holdings Limited and Vision Limited): Andrew Croad; Judgment Creditor (as Liquidator of Double Zero Holdings Limited and Vision Limited): Christine Margaret Dunphy; Judgment Debtor: Malcolm Edward Rabson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 February 2013
Procedural Posture
Bankruptcy/adjudication Under the Insolvency Act 2006 / Interlocutory: Application to Recall Judgment and Application to Stay; Adjournment Ordered
Outcome
Judgment recalled and substituted orders made; limited adjournment granted; indefinite stay refused
Legal Topics
Recall of Judgment, Stay Pending Appeal, Security for Appeal, Costs Orders, Adjournment
Insolvency Bankruptcy Civil Procedure Costs Appeals Recall of Judgment Stay Pending Appeal Security for Appeal +2 more

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Parties

Andrew Croad

Judgment Creditor (as Liquidator of Double Zero Holdings Limited and Vision Limited)

Christine Margaret Dunphy

Judgment Creditor (as Liquidator of Double Zero Holdings Limited and Vision Limited)

Malcolm Edward Rabson

Judgment Debtor

Procedural Posture

Bankruptcy/adjudication Under the Insolvency Act 2006 / Interlocutory: Application to Recall Judgment and Application to Stay; Adjournment Ordered

Legal Issues

  1. 1 Whether the Court should recall its prior interlocutory judgment to correct and substitute orders relating to costs and security
  2. 2 Whether a stay of the substituted judgment should be granted pending appeal
  3. 3 Appropriate calculation and recipient of security/costs following Supreme Court refusal of leave

Ratio Decidendi

The Court recalled its prior interlocutory judgment and substituted orders requiring the debtor to pay $97,727.41 to the judgment creditors by 3 pm on 7 March 2013 and adjourned the adjudication to 11 March 2013. The substitution was appropriate because the Supreme Court had refused leave and awarded costs to the applicants, rendering the original security order overtaken by events and justifying direct payment to the creditors; an indefinite stay was denied and only a limited short adjournment was permitted to balance the debtor's appeal rights and the creditors' interest in timely adjudication.

Court Disposition

Judgment recalled and substituted orders made; limited adjournment granted; indefinite stay refused

Orders

  • The adjudication proceeding is adjourned to Monday 11 March 2013; Mr Rabson is to pay to the judgment creditors the sum of $97,727.41 no later than 3 pm on Thursday 7 March 2013 (the figure includes $4,676.50 costs on a 2B basis, $241.70 filing fee and $1500 Supreme Court costs).
  • Any further adjournment application must be made to the Associate Judge on 11 March 2013.