Cashflow Debtor Finance Pty Limited v Parker

[2018] NZHC 1951

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2016-404-1408

[2018] NZHC 1951

UNDER

Trans-Tasman Proceedings Act 2010

BETWEEN

CASHFLOW DEBTOR FINANCE PTY LIMITED

Applicant

AND

STEVEN JOSEPH PARKER

Respondent

Hearing:	1 August 2018
Appearances:	P T Hall for Applicant
Judgment:	1 August 2018

JUDGMENT OF JAGOSE J

This judgment is delivered by me on 1 August 2018 at 4.00pm pursuant to r 11.5 of the High Court Rules.

.....................................................

Registrar / Deputy Registrar

Solicitors:

Simpson Western, Takapuna

CASHFLOW DEBTOR FINANCE PTY LTD v PARKER [2018] NZHC 1951 [1 August 2018]

[1]                 The applicant seeks an order extending this Court’s 9 August 2016 charging order for a further 55 weeks from its expiry on 9 August 2018.

[2]                 The charging order was made in enforcement of the applicant’s Australian judgment for AU$148,482.74, plus interest and costs. Charging orders automatically expires after two years from the date of their making, unless extended under HCR 17.52(2) on grounds such extension is “just”.1

[3]                 The extension is sought to hedge against non-implementation of settlement arrangements agreed between the parties, which are to be completed within the sought 55 weeks. Absent completion of the settlement arrangements within that period, the judgment would remain to be enforced, including by the applicant’s resort to the charged properties. I am satisfied it is just to extend the effect of the charging order for that necessary period, which is briefly (and sensibly) longer than that in which settlement is to be implemented.

[4]                 Counsel for the applicant, Peter Hall, advised the respondent (served with the present application) has taken no part in this proceeding, other than to contend to Mr Hall one of the five charged properties – 18 Wastney Terrace, Nelson: NL3B/714 – is not owned by him, but another Steven Joseph Parker. Mr Parker undertook to investigate that contention, and to advise the Court by memorandum whether the charge on that property should be discharged.

[5]                 In reliance on Mr Hall’s undertaking, which also goes to the ‘justice’ of the extension, I extend the effect of this Court’s 9 August 2016 charging orders until Thursday, 29 August 2019.

—Jagose J

1      Bank of New Zealand v Taleta [2015] NZHC 2821 at [10].