IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2018-409-549
[2020] NZHC 497
UNDER THE Senior Courts Act 2016 IN THE MATTER OF
a proceeding for damages, fraud and
malicious or reckless use of proceedings
BETWEEN
GARY OWEN BURGESS
First Plaintiff
AND
GARY OWEN BURGESS
Second Plaintiff
AND
SUSAN NATALIE BEAVEN
First Defendant
AND
ANGELA MARY CORY
Second Defendant
AND
HOWARD JOHN DAWSON
Third Defendant
AND
DAWSON INNES
Fourth Defendant
Hearing: 19 February 2020 Appearances:
G O Burgess (self-represented First and Second Plaintiff) M J Wallace as Contradictor
Judgment:
12 March 2020
JUDGMENT OF ASSOCIATE JUDGE LESTER
This judgment was delivered by me on 12 March 2020 at 4.30pm pursuant to Rule 11.5 of the High Court Rules
Registrar/Deputy Registrar 12 March 2020
BURGESS v BEAVEN [2020] NZHC 497 [12 March 2020]
[1] Mr Burgess was bankrupted by this Court on 24 October 2017.1 On 6 August 2018, Mr Burgess filed in this Court a statement of claim seeking orders against his ex-wife, Ms Beaven, and her solicitor and counsel who acted for her in relationship property proceedings that ran between 2005 and 2012.
[2] Associate Judge Osborne, as he then was, struck out that claim, in part because it had been issued without reference to the Official Assignee when any litigation right that might be represented by the proceeding had vested in the Official Assignee by s 101(1) of the Insolvency Act 2006 (“the Act”).2
[3] On 7 October 2018, the Official Assignee disclaimed any interest in the alleged litigation rights. Mr Burgess appealed that decision, but that appeal was dismissed because he lacked standing.3
[4] Mr Burgess then brought this application to have the disclaimed litigation rights vested in him pursuant to s 119 of the Act with s 119(2) providing that the bankrupt is entitled to apply to the Court for an order.
[5] To explain the nature of the claimed litigation rights, it is necessary to set out a brief and general timeline of events. What follows is not intended to be comprehensive. Omitted are some applications for recall and/or leave to appeal made by Mr Burgess, separate proceedings involving Mr Burgess and his bank, and another set of proceedings between Mr Burgess and solicitors who acted for him for part of the relationship property proceedings;
8 May 2002: Mr Burgess and Ms Beaven marry. 23 August 2002:
Mr Burgess and Ms Beaven purchase Medbury Rd, Hawarden (“Medbury”).
20 May 2003:
Mr Burgess and Ms Beaven separate.
2005:
Mr Burgess commences relationship property proceedings in the Family Court with legal
1 Malley & Co v Burgess [2017] NZHC 2581.
assistance, claiming an unequal share in
relationship property.
2006:
Mr Burgess begins acting for himself and amends the proceedings to see equal sharing.
16 May 2007:
First District Court judgment of Judge Strettell following a three-day hearing – unequal sharing…
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- AGLC
- Burgess v Beaven [2020] NZHC 497
- Case
- [2020] NZHC 497
- Decision Date
CaseChat Overview and Summary
Final Orders:
1. The application for a vesting order is dismissed.
2. The litigation rights disclaimed by the Official Assignee are not to be vested in Burgess.
3. Costs are awarded to the defendants.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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