WILLIAMS V SIMPSON HC HAM CIV 2010-419-419

WILLIAMS V SIMPSON HC HAM CIV 2010-419-419

The Court granted the applicant permission to use the transcript of Ms Mann's private examination (and other private examination transcripts) in the specified English proceedings, applying the principle that the Official Assignee may use such transcripts without further court permission (Re Baird), and refused to grant general permission for other parties to access the transcript absent a specific application demonstrating necessity for fairness.

Citation
openlaw-c63adc60_1c1d_4b5f_b8c7_9a27f24e366d.pdf
Parties
Applicant: Steven John Williams; Debtor: Alan Geraint Simpson; Co Trustee: Mr Clough; Examinee, Co Trustee: Ms Mann; Creditor: Commissioner of Inland Revenue; Office Holder: Official Assignee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 November 2010
Procedural Posture
Insolvency / Cross Border Insolvency Proceedings / Interlocutory Application for Use of Private Examination Transcript; Hearing on the Papers
Outcome
Application granted in part
Legal Topics
Use of Private Examination Transcripts, Access to Evidence by Third Parties, Admissibility of Foreign Tax Claims in Bankruptcy, Appointment of Examiner
Insolvency Cross Border Insolvency Bankruptcy Evidence Tax Use of Private Examination Transcripts Access to Evidence by Third Parties Admissibility of Foreign Tax Claims in Bankruptcy +1 more

Case Brief

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Parties

Steven John Williams

Applicant

Alan Geraint Simpson

Debtor

Mr Clough

Co Trustee

Ms Mann

Examinee, Co Trustee

Commissioner of Inland Revenue

Creditor

Official Assignee

Office Holder

Procedural Posture

Insolvency / Cross Border Insolvency Proceedings / Interlocutory Application for Use of Private Examination Transcript; Hearing on the Papers

Legal Issues

  1. 1 Whether the applicant may use the transcript of a private examination in foreign (English) proceedings without further court permission
  2. 2 Whether other parties should be granted access to the private examination transcript
  3. 3 Whether New Zealand tax debt can be admitted to proof in an English bankruptcy in light of Cross-Border Insolvency Regulations 2006 art 13 and the principle in Government of India v Taylor

Ratio Decidendi

The Court granted the applicant permission to use the transcript of Ms Mann's private examination (and other private examination transcripts) in the specified English proceedings, applying the principle that the Official Assignee may use such transcripts without further court permission (Re Baird), and refused to grant general permission for other parties to access the transcript absent a specific application demonstrating necessity for fairness.

Court Disposition

Application granted in part

Orders

  • Permission granted for Mr Williams to use the transcript of Ms Mann's private examination of 21 October 2010 and other past and future private examination transcripts as evidence in the English proceedings concerning the Isle of Wight property and the Nationwide Building Society account in the name of James Walter...
  • No general permission granted for other parties to view the transcript; any party requiring access may apply specifically on notice if necessary in the interests of fairness