New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Tomlin order enforcement

Legal area

Court

24 Oct 2012

MATTHEWS V SCOTT HC AK CIV-2010-404-1117

Citation

openlaw-576a4456_0d0c_4fbd_996e_b4e6ec204d5f.pdf
Court

High Court

Defendants breached the settlement deed; no substantive opposition was advanced; the court must therefore enforce the Tomlin order and enter judgment for the outstanding sum of $405,000 with interest at 8.5% per annum from 30 March 2011 to payment; the application for increased costs under r14.6 was declined because the criteria in r14.6(3) were not satisfied.
11 Feb 2010

DIANE ROSINA TOWAI DIVETT AND ANOR V PAULINE SKEATES AND ANOR HC AK CIV-2007-404-003606

Citation

openlaw-2ef4abda_abc1_402f_a6b5_54c3ae6b7c8a.pdf
Court

High Court

Leave to cross-examine the first defendant was granted because, on the evidence and in view of the court's interest in ensuring compliance with its orders, it was at least arguable that the defendants had not complied with the Deed of Settlement and the Tomlin Order, which constituted 'special circumstances' under r 7.28; the cross-examination is limited to whether the compromise, properly construed, has been complied with and whether the Court's order has been breached, and is otherwise to be tightly confined and time-limited.