New Zealand Case Law: Decisions & Judgments

Topic

Assignment of judgment debt

Legal area

Court

15 Sept 2023

HU v LIU [2023] NZHC 2588

Citation

[2023] NZHC 2588
Court

High Court

The 6 May 2023 assignment to Lau was absolute and transferred Hu's enforceable interest so Hu was not the person entitled to enforce the judgment when the bankruptcy notice was issued; r 4.56 was not the appropriate mechanism to cure that defect and adding Lau retrospectively would not validate the defective bankruptcy notice, therefore Hu's application to add Lau was dismissed and the bankruptcy notice was effectively invalid.
26 May 2023

XING v WANG [2023] NZHC 1273

Citation

[2023] NZHC 1273
Court

High Court

Xing did not demonstrate he was entitled to enforce Green Land's judgment at the time he applied for the bankruptcy notices, did not obtain leave under r17.9 where required, and therefore the bankruptcy notices were nullities and are set aside.
16 May 2023

GU and LIU v LAU [2023] NZHC 1177

Citation

[2023] NZHC 1177
Court

High Court

The caveator failed to establish a reasonably arguable caveatable interest in the specific property because an assignment of a money judgment against the appellants does not create a caveatable proprietary interest in the applicants' land; accordingly the caveat must be removed to allow settlement to proceed.
15 Dec 2017

FARR v ROSS MILLER [2017] NZHC 3150

Citation

[2017] NZHC 3150
Court

High Court

Assignee Michael Farr holds a valid assignment of the Disputes Tribunal judgment and sealed order for costs, prior court orders and notice have been given, and the certificate of title shows the defendant's estate; accordingly leave under r 17.9(2)(c) is properly granted without notice to issue a charging order and to permit the registrar to be asked to issue a sale order, and the appropriate charged amount is $5,605.91 (costs, interest and application costs).
19 Oct 2017

SIMPSON v GIDDINGS [2017] NZHC 2560

Citation

[2017] NZHC 2560
Court

High Court

Leave to issue enforcement process was granted because the applicants, having become trustees following assignment and appointment, are the persons now entitled to the judgment debt and the Court will normally grant leave where the need for leave arises from devolution of interest; substituted trustees must serve a copy of this judgment when pursuing enforcement.
6 Nov 2007

ALEXANDER DARIUSH-FAR V GEOFFREY NORMAN ELLIS HC CHCH CIV 2007-409-001518

Citation

openlaw-e8a125d8_d610_4523_b531_e53ebb14415f.pdf
Court

High Court

The Court refused to grant declarations because the declarations sought would be of no utility in New Zealand and were plainly intended for use in Australian proceedings; given the discretionary nature of declaratory relief under s10 of the Declaratory Judgments Act 1908 and the inherent jurisdiction of the Court, it was inappropriate to proffer declarations solely for use in another jurisdiction, and the plaintiff's claim was dismissed with costs.
6 Sept 2007

NEW ZEALAND CUSTOMS SERVICE V CELLAR HOUSE LIMITED (IN LIQUIDATION) AND ANOR HC WN CIV-2007-485-1983

Citation

openlaw-b2a10fd6_d584_4276_8545_cddbeac3f9f9.pdf
Court

High Court

The Court held the liquidator's claimed fees of $230,840 plus GST were reasonable and approved them on the evidence of detailed time records and the complexity and success of the administration; the proposed ongoing hourly rates were approved as consistent with prevailing rates; and the proposed Deed of Assignment of the judgment debt to the liquidator personally jointly with New Zealand Customs Service was approved under s 284 Companies Act 1993, with costs of the application to be met as costs of the liquidation (category 2B).

New Zealand Case Law

HU v LIU [2023] NZHC 2588

XING v WANG [2023] NZHC 1273

GU and LIU v LAU [2023] NZHC 1177

FARR v ROSS MILLER [2017] NZHC 3150

SIMPSON v GIDDINGS [2017] NZHC 2560

ALEXANDER DARIUSH-FAR V GEOFFREY NORMAN ELLIS HC CHCH CIV 2007-409-001518

NEW ZEALAND CUSTOMS SERVICE V CELLAR HOUSE LIMITED (IN LIQUIDATION) AND ANOR HC WN CIV-2007-485-1983