LANDMARK OPERATIONS LIMITED (ACN 008 743 217) V BORST HC TIM CIV-2012-476-000155

LANDMARK OPERATIONS LIMITED (ACN 008 743 217) V BORST HC TIM CIV-2012-476-000155

The judgment was registrable because the County Court of Victoria is specified under the reciprocal order and the applicant satisfied the Act and High Court Rules requirements (originating application, certification, supporting affidavit, authenticated judgment and interest calculation); registration was ordered effective 27 March 2012, with enforcement stayed pending a 25 working-day set-aside period.

Citation
openlaw-ae507bc3_93da_49a8_8ae2_1078e8a316c6.pdf
Parties
Judgment Creditor: Landmark Operations Limited (ACN 008 743 217); First Judgment Debtor: Nicola Joanna Borst; Second Judgment Debtor: Cornelis Jacobus Borst
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 May 2012
Procedural Posture
Reciprocal Enforcement of Foreign Judgment (reciprocal Enforcement of Judgments Act 1934) / Registration Application Determined on the Papers
Outcome
Judgment of the County Court of Victoria registered with effect from 27 March 2012
Legal Topics
Reciprocal Enforcement, Registration of Foreign Judgment, Interest Calculation on Judgment, Service and Set Aside Period
Judgment Enforcement Conflict of Laws Civil Procedure International Enforcement Reciprocal Enforcement Registration of Foreign Judgment Interest Calculation on Judgment Service and Set Aside Period

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Parties

Landmark Operations Limited (ACN 008 743 217)

Judgment Creditor

Nicola Joanna Borst

First Judgment Debtor

Cornelis Jacobus Borst

Second Judgment Debtor

Procedural Posture

Reciprocal Enforcement of Foreign Judgment (reciprocal Enforcement of Judgments Act 1934) / Registration Application Determined on the Papers

Legal Issues

  1. 1 Whether a County Court of Victoria money judgment could be registered in New Zealand under the Reciprocal Enforcement of Judgments Act 1934
  2. 2 Whether the applicant complied with the High Court Rules requirements for registration (rr 23.4–23.11, 23.15)
  3. 3 Proper calculation and currency of interest payable under foreign law up to the date of application

Ratio Decidendi

The judgment was registrable because the County Court of Victoria is specified under the reciprocal order and the applicant satisfied the Act and High Court Rules requirements (originating application, certification, supporting affidavit, authenticated judgment and interest calculation); registration was ordered effective 27 March 2012, with enforcement stayed pending a 25 working-day set-aside period.

Court Disposition

Judgment of the County Court of Victoria registered with effect from 27 March 2012

Orders

  • The judgment of the County Court of Victoria dated 2 December 2011 is registered with effect from 27 March 2012
  • Any application to set aside the registration must be made by a judgment debtor within 25 working days after service of the notice of registration on that judgment debtor