New Zealand Case Law: Decisions & Judgments

Topic

Execution of judgment

Legal area

Court

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.
2 Dec 2013

THE OFFICIAL ASSIGNEE AT HAMILTON v LEWTYN MICHAEL SCOTT [2013] NZHC 2945

Citation

[2013] NZHC 2945
Court

High Court

Stay denied because appellant failed to file evidence or submissions, principal asset (Pillans Road) was already sold by the mortgagee, remaining assets were minimal or in possession of the respondent and could be realised with proceeds held in trust, and granting a stay would likely encourage delay and prejudice creditors such that the interests of justice required execution to proceed with safeguards (trust account holding of proceeds).
1 Mar 2011

TGB HOLDINGS LIMITED V BFP TRUSTEES NO 1 LTD AND BFP TRUSTEES NO 2 LTD AND OTHERS HC WHA CIV 2009-488-566

Citation

openlaw-40e31263_d539_49b6_b27f_064a479b0798.pdf
Court

High Court

The application was dismissed because the payments to advisers were bona fide litigation/business expenses falling within the r 32.6(3)(c) exception to a freezing order and there was no evidence of deliberate bad faith diversion of assets; legal costs related to any freezing application would be covered by r 32.6(3)(b); applicant must apply on notice to the trial Judge if it wishes to renew the application.
23 Sept 2010

FABIAN V MLP LLC CA CA605/2010

Citation

openlaw-35a815fe_1b34_43cc_a97c_04b7821bf1f7.pdf
Court

Court of Appeal

Because the Registrar General had already executed the High Court order by removing the caveat from the titles, the Court of Appeal had no power to grant a stay and the urgent application was dismissed.
19 Mar 2010

COMMISSIONER OF INLAND REVENUE V D E ALLEN AND ORS HC AK CIV 2007-404-001944

Citation

openlaw-6282db10_1ab0_4bb3_bd66_f423e7db0b30.pdf
Court

High Court

Given the factual findings in the interim judgment and the parties' consent, the court ordered the trust accounts adjusted, made the interim judgment final, authorized finalization of the charging order and permitted sale orders under the High Court Rules to realize trust property and proceeds to satisfy the judgment debts, including payment of specified counsel costs from the trust funds.
7 Aug 2007

JAN BAIN HOLDINGS LTD V STEVENSON HC AK CIV 2006-404-5966

Citation

openlaw-0091006c_9837_4244_b12a_14882d7a8191.pdf
Court

High Court

The application for leave to issue execution was adjourned because conflicting affidavit evidence and inadequate disclosure raised serious triable issues (accord and satisfaction, equitable set‑off, estoppel) that could not properly be resolved on the interlocutory material; timetable orders were made requiring the respondents to commence proceedings to resolve those issues.
20 Dec 2005

AUTOTERMINAL.COM UK LTD V CROY HC AK CIV 2005-404-3867

Citation

openlaw-bd7e3e51_317c_4a5c_a459_822013b1d2a0.pdf
Court

High Court

Court will grant leave to issue execution of the foreign (Southampton County Court) judgment but will condition that leave on (a) a short stay of execution (30 days) to permit settlement attempts and (b) an undertaking by the plaintiff to give credit for sums already paid (credit to be £54,876.96 or a lesser figure agreed or determined by further order).

New Zealand Case Law

ULSTER BANK IRELAND LIMITED v CLANCY [2015] NZHC 438

THE OFFICIAL ASSIGNEE AT HAMILTON v LEWTYN MICHAEL SCOTT [2013] NZHC 2945

TGB HOLDINGS LIMITED V BFP TRUSTEES NO 1 LTD AND BFP TRUSTEES NO 2 LTD AND OTHERS HC WHA CIV 2009-488-566

FABIAN V MLP LLC CA CA605/2010

COMMISSIONER OF INLAND REVENUE V D E ALLEN AND ORS HC AK CIV 2007-404-001944

JAN BAIN HOLDINGS LTD V STEVENSON HC AK CIV 2006-404-5966

AUTOTERMINAL.COM UK LTD V CROY HC AK CIV 2005-404-3867