PERKINS V PERKINS HC WHA CIV 2010-488-375

PERKINS V PERKINS HC WHA CIV 2010-488-375

Interim/interlocutory money orders may be registered under s 3(3) because, where the foreign court has finally and conclusively fixed minimum amounts payable between the parties and the debtor had the opportunity to contest them, such orders satisfy the statutory requirement of being "final and conclusive"; accordingly the English orders for specified sums were registrable and are registered in sterling.

Citation
openlaw-58048189_d17b_4854_94fd_634d22f1b155.pdf
Parties
Judgment Creditor: John Wilfred Perkins; Judgment Debtor: Michael Owen Perkins
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 August 2010
Procedural Posture
Reciprocal Enforcement of Foreign Judgments (reciprocal Enforcement of Judgments Act 1934) / Application to Register English Judgments in New Zealand (without Notice)
Outcome
Application granted; English judgments registered in New Zealand.
Legal Topics
Registration of Judgment, Finality and Res Judicata, Interim/interlocutory Orders, Costs, Currency of Judgment
Conflict of Laws Civil Procedure Enforcement of Foreign Judgments Probate/administration of Estates Registration of Judgment Finality and Res Judicata Interim/interlocutory Orders Costs +1 more

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Parties

John Wilfred Perkins

Judgment Creditor

Michael Owen Perkins

Judgment Debtor

Procedural Posture

Reciprocal Enforcement of Foreign Judgments (reciprocal Enforcement of Judgments Act 1934) / Application to Register English Judgments in New Zealand (without Notice)

Legal Issues

  1. 1 Whether interlocutory/interim money orders from the High Court of Justice (Chancery Division) are "final and conclusive" for registration under s 3(3)(a) of the Reciprocal Enforcement of Judgments Act 1934
  2. 2 Whether VAT, interest or tax components are registerable
  3. 3 Whether registration may be made in sterling and whether registration is provisional or final

Ratio Decidendi

Interim/interlocutory money orders may be registered under s 3(3) because, where the foreign court has finally and conclusively fixed minimum amounts payable between the parties and the debtor had the opportunity to contest them, such orders satisfy the statutory requirement of being "final and conclusive"; accordingly the English orders for specified sums were registrable and are registered in sterling.

Court Disposition

Application granted; English judgments registered in New Zealand.

Orders

  • Register the High Court of Justice (Chancery Division) judgments dated 5 November 2009 and 13 April 2010 in respect of the sums set out in the English orders
  • Registration effected in pounds sterling: £110,452.55, £22,000 and £2,500