AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED ACN 005 357 522 V REID HC CHCH CIV-2012-409-000745

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED ACN 005 357 522 V REID HC CHCH CIV-2012-409-000745

On the balance of probabilities the contemporaneous service form and the process server's account grounded in his practice established that personal service occurred on 9 August 2010; the applicant's denial was not sufficient to discharge the onus under s 6(1)(c), therefore the registration was not to be set aside.

Citation
openlaw-4d277ac7_ba7d_44ad_a664_07de21cdd53a.pdf
Parties
Judgment Creditor: Australia and New Zealand Banking Group Limited ACN 005 357 522; First Judgment Debtor: David John Reid; Second Judgment Debtor: Gregory Martin Hart; Third Judgment Debtor: Jamie Gratton Gilbertson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 September 2012
Procedural Posture
Application to Set Aside a Foreign Judgment Registered Under the Reciprocal Enforcement of Judgments Act 1934 / Hearing and Judgment on Application to Set Aside Registered Judgment
Outcome
Application dismissed; registered judgment not set aside.
Legal Topics
Service of Process, Reciprocal Enforcement of Judgments, Default Judgment, Set Aside Registration, Informal Notice
Civil Law Debt Recovery Conflict of Laws Service of Process Enforcement of Foreign Judgments Reciprocal Enforcement of Judgments Default Judgment Set Aside Registration +1 more

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Parties

Australia and New Zealand Banking Group Limited ACN 005 357 522

Judgment Creditor

David John Reid

First Judgment Debtor

Gregory Martin Hart

Second Judgment Debtor

Jamie Gratton Gilbertson

Third Judgment Debtor

Procedural Posture

Application to Set Aside a Foreign Judgment Registered Under the Reciprocal Enforcement of Judgments Act 1934 / Hearing and Judgment on Application to Set Aside Registered Judgment

Legal Issues

  1. 1 Whether the Queensland proceedings were duly served on the judgment debtor in New Zealand
  2. 2 Whether informal notice of the proceedings was sufficient to deny setting aside under s 6(1)(c) of the Reciprocal Enforcement of Judgments Act 1934

Ratio Decidendi

On the balance of probabilities the contemporaneous service form and the process server's account grounded in his practice established that personal service occurred on 9 August 2010; the applicant's denial was not sufficient to discharge the onus under s 6(1)(c), therefore the registration was not to be set aside.

Court Disposition

Application dismissed; registered judgment not set aside.

Orders

  • Application dismissed
  • Judgment creditor entitled to costs on a 2B basis