New Zealand Case Law: Decisions & Judgments

Topic

Registration of foreign judgments

Legal area

Court

22 Sept 2021

HARJIT JHOOTI T/A TTP FINANCIAL COMPENSATION v MAKEPEACE [2021] NZHC 2492 [22 September 2021]

Citation

[2021] NZHC 2492
Court

High Court

The memorial filed complied with the procedural requirements of s 172(3) of the Senior Courts Act 2016, the County Court seal on the foreign judgment was prima facie valid, and accordingly registration of the memorial was ordered; costs were not awarded on the without‑notice application and were reserved pending the respondent's opportunity to be heard.
29 Sept 2020

MICHAEL WILSON & PARTNERS LIMITED v SINCLAIR [2020] NZHC 2546

Citation

[2020] NZHC 2546
Court

High Court

The Court exercised its discretion under s 38 of the Insolvency Act to halt the creditor's four adjudication applications until the debtor's Court of Appeal appeal is disposed of, concluding that, on balance and despite remote prospects of success, the finality of bankruptcy and the overall litigation history justify a conditional stay provided the debtor prosecutes the appeal with expedition.
24 Jul 2020

MICHAEL WILSON & PARTNERS LIMITED v SINCLAIR [2020] NZHC 1819

Citation

[2020] NZHC 1819
Court

High Court

Sinclair failed to establish a triable case that he holds an assignable enforceable interest in the arbitral award because the evidence was insufficient (unauthenticated draft, affidavits without supporting documentation, and a letter only promising a future assignment); accordingly the Court refused to exercise any discretion to stay enforcement of validly registered judgments, relying on Court of Appeal authority that enforcement should not be suspended by prospective related litigation. Thus the application to set aside the bankruptcy notices was dismissed.
20 Nov 2018

YOONWOO C & C DEVELOPMENT CORP v JAE HO HUH [2018] NZHC 3015

Citation

[2018] NZHC 3015
Court

High Court

The Court found the Korean judicial arbitration decisions met the New Zealand common law prerequisities for registration (Korean court had jurisdiction, decisions were for definite sums and final and conclusive, and none of the exceptions applied), and held that Limitation Act 1950 s4(4) applies to foreign judgments so a 12 year limitation governs enforcement; accordingly summary judgment was entered for the plaintiff and the two Korean judgments were ordered registered with the same force and effect as High Court judgments.
23 Feb 2017

MICHAEL WILSON & PARTNERS LIMITED v SINCLAIR [2017] NZHC 250

Citation

[2017] NZHC 250
Court

High Court

The Court registered the two Court of Appeal of England and Wales judgments because the affidavit and memorandum demonstrated they were eligible under the Reciprocal Enforcement of Judgments Act 1934 and the without‑notice application was properly certified under r 7.23; consequently the formal registration order was made and the procedural regime for setting aside (r 23.15) governs the period for challenge and suspension of enforcement.
14 Dec 2016

MICHAEL WILSON & PARTNERS LIMITED v SINCLAIR [2016] NZHC 3050

Citation

[2016] NZHC 3050
Court

High Court

The second amended and updated memorial dated 27 September 2016 complied with s56(3) of the Judicature Act 1908 because the appendices were properly certified or bore original stamps, the applicant's undertaking addressed the US$5,000 issue, and the claim for interest was properly made and uncontested; accordingly an order under s56(3) was made to register and allow enforcement of the judgments for the amounts set out in paragraph 28 of the memorial.
11 Mar 2015

ULSTER BANK IRELAND LIMITED v CLANCY [2015] NZHC 438

Citation

[2015] NZHC 438
Court

High Court

The Court held that, by virtue of the Republic of Ireland Act 1950 and the Commonwealth Countries Act 1977 (ss 3 and 4), New Zealand law treats the Republic of Ireland for the purposes of existing law as if it were within Her Majesty's dominions or as if Her Majesty were Head of State; accordingly memorials of the two High Court of Ireland judgments are registrable under s 56(1) Judicature Act 1908, the debtor failed to show cause, and execution was ordered subject to a 20 working day stay.
18 Aug 2014

ULSTER BANK IRELAND LIMITED v CLANCY [2014] NZHC 1939

Citation

[2014] NZHC 1939
Court

High Court

The application to register the Irish judgments failed to meet s 56 requirements as filed: the exhibited copies lacked clear authentication by the foreign court seal and the memorial did not contain all particulars required by s 56(3) nor exist as a single authenticated record. The appropriate remedy was an adjournment to permit the creditor to file proper memorials authenticated by the seal of the High Court of the Republic of Ireland, leaving any challenge by the debtor to the process under s 56(4).
24 Feb 2014

CBL INSURANCE LIMITED v SKORDAKIS [2014] NZHC 262

Citation

[2014] NZHC 262
Court

High Court

Indemnity costs were not appropriate because the applicant's case was not vexatious or an abuse of process and had arguable grounds; increased costs beyond standard scale were not justified; the proceeding was category 2 and band B was appropriate for each step, so respondent awarded costs on a 2B basis.
4 Apr 2011

TSUGIO ABE AND EN-TOUT-CAS (FIJI) LTD V AZIM HC AK CIV 2010-404-3741

Citation

openlaw-8b5a1790_888e_4dac_a223_8ba7e5d81023.pdf
Court

High Court

Registration of the Fijian judgment was correctly registered and the application to set it aside is refused because the defendant failed to establish the narrow public policy or natural justice exceptions, had representation in Fiji, no appeal is pending or reasonably likely, and the statutory framework (including the 1940 Order in Council and High Court Rules Part 23) required registration once prescribed matters were proved.