NEIL MARTIN CLARKE V COREY DANIEL WATTS HC WN CIV 2006-485-2461

NEIL MARTIN CLARKE V COREY DANIEL WATTS HC WN CIV 2006-485-2461

Because Dobson J dismissed the application to review the Associate Judge's order for costs, the sum held by the Registrar ($4,901.18 plus accumulated interest) represented the costs award and must be paid to the solicitors for Mr Watts.

Citation
openlaw-4b392dcd_879c_4b18_9a0a_c4459b24ff73.pdf
Parties
Debtor / Plaintiff: Neil Martin Clarke; Creditor / Defendant: Corey Daniel Watts
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 September 2009
Procedural Posture
Insolvency / Bankruptcy (insolvency Act 1967) / Post Judgment Enforcement — Application for Release of Monies Held by Court
Outcome
Funds released to judgment creditor
Legal Topics
Stay of Execution, Costs Orders, Payment Into Court, Release of Funds
Insolvency Bankruptcy Civil Procedure Costs Stay of Execution Costs Orders Payment Into Court Release of Funds

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Parties

Neil Martin Clarke

Debtor / Plaintiff

Corey Daniel Watts

Creditor / Defendant

Procedural Posture

Insolvency / Bankruptcy (insolvency Act 1967) / Post Judgment Enforcement — Application for Release of Monies Held by Court

Legal Issues

  1. 1 Whether funds paid into court should be released to the judgment creditor
  2. 2 Whether the sum held represented the costs award and accumulated interest
  3. 3 Effect of dismissal of the review application on entitlement to the funds

Ratio Decidendi

Because Dobson J dismissed the application to review the Associate Judge's order for costs, the sum held by the Registrar ($4,901.18 plus accumulated interest) represented the costs award and must be paid to the solicitors for Mr Watts.

Court Disposition

Funds released to judgment creditor

Orders

  • Pay $4,901.18 plus accumulated interest to the solicitors for Mr Watts