14 Dec 2023
Rule 23.4 creates a specific regime permitting without-notice registration applications using form G30 and is not displaced by the certification requirements of r7.23; the applicant proved the prescribed matters under the Act and Rules, so registration was properly granted and the Fiji judgment was registered in the NZD equivalent as ordered.
4 Aug 2023
Because the consent to set aside the registration did not amount to concession on the substantive merits, there was a tenable material change of circumstances and the Court would not adjudicate the wider merits or alleged set-offs properly for the English proceedings, costs were ordered to lie where they fall.
12 Dec 2022
The court held it was just and equitable to displace the presumption in r 15.23 given that KKM acted reasonably in commencing the application and the respondent failed to engage in the proceedings; however neither party was more successful than the other and therefore no costs order should be made and costs should lie where they fall.
31 Mar 2021
An application to set aside registration of an Australian judgment under the Trans-Tasman Proceedings Act 2010 is not properly categorised as an 'interlocutory application' for the purposes of s56(3) Senior Courts Act 2016; accordingly an appeal against a decision declining to set aside such registration lies as of right, and the Court continued the stay of execution pending that appeal.
16 Dec 2020
A stay of execution was granted because, on balance, refusal would likely render any eventual appeal nugatory, the applicants showed they would diligently pursue leave to appeal and the balance of convenience favored preservation of the status quo pending resolution of the application for leave; the stay is conditional on diligent prosecution of the leave application.
30 Sept 2020
The Court dismissed the respondents' applications for a stay and to set aside registration: enforcement of the Western Australian judgment is not contrary to New Zealand public policy; s 61(2)(c) does not apply because the Kaitaia property itself was not the subject matter of the Australian proceeding in the sense required by the TTPA (the Western Australian Court treated the matter as a monetary obligation and set aside the deed of forgiveness rather than transferring immovable title); the respondents were out of time to apply to set aside registration and provided no adequate explanation fo…
24 Sept 2020
The Court exercised its discretion under s56(2)(c) to extend the six year time limit because the defendants deliberately relocated and concealed their whereabouts, the applicant took reasonable and persistent steps to trace and enforce the judgment (including registration in Vanuatu and garnishee proceedings), and the circumstances justified excusing the delay and granting an extension until 6 February 2021.
25 Feb 2020
Grant of freezing and ancillary orders was justified because applicant established a good arguable case that the executor breached the will, assets within the estate are held in New Zealand, there is a real risk of further dissipation based on prior removals, the balance of justice favoured preservation of assets, there was sufficient nexus to New Zealand and without‑notice relief was necessary to prevent asset flight.
13 Sept 2019
The Court refused to order security for costs because, despite the plaintiff's foreign residence, there was no evidence he would be unable or unwilling to pay costs and the late application (one week before hearing) was not justified; on the facts it was not 'just in all the circumstances' to order security.
21 Jun 2019
The respondents' application to rescind the freezing orders succeeds because Mudajaya failed to establish a tenable argument that the Malaysian default judgment would be registered and survive setting aside under s6(1)(c) given there is no evidence of actual notice of the Malaysian proceedings to the defendants; alleged non‑disclosures were not egregious and, although a real risk of dissipation existed, it did not overcome the statutory requirement for actual notice to sustain registration and thus the extraordinary freezing relief could not be continued.