IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2017-409-000125
[2019] NZHC 3069
BETWEEN CHESTERFIELDS PRESCHOOLS
LIMITED (In Liquidation) Judgment Creditor
AND
THERESE ANNE SISSON
Judgment Debtor
Hearing: On the papers Appearances:
B M Russell and J C Wedlake for Judgment Creditor Judgment debtor in person
Judgment:
25 November 2019
JUDGMENT OF DUNNINGHAM J RE: COSTS DECISION
This judgment was delivered by me on 25 November 2019 at
11.00 am, pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar Date: 25 November 2019
[1] The applicant, Ms Therese Sisson, sought a stay of the proceeding and execution of the judgment of Osborne J, delivered on 23 June 2017, which adjudicated Ms Sisson bankrupt (the stay application).1 The stay was sought pending the
1 Chesterfields Preschools Ltd (in liquidation) v Sisson [2017] NZHC 1410.
CHESTERFIELDS PRESCHOOLS LIMITED (In Liquidation) v THERESE ANNE SISSON [2019] NZHC
3069 [25 November 2019]
determination of a claim alleging misfeasance against the Commissioner of Inland Revenue in other High Court proceedings.2
[2] The respondent, Chesterfields Preschools Ltd, opposed the stay application on the grounds that it was frivolous, vexatious and misconceived, and there was no jurisdictional basis for the order the applicant was seeking.
[3] On 16 September 2019, Ms Sisson filed a memorandum seeking an adjournment of her stay application in order to await the outcome of an appeal of a decision in related proceedings where Osborne J had ruled there was no jurisdiction to seek a stay of an adjudication order under High Court r 17.29 (the jurisdiction decision).3
[4] In the jurisdiction decision Osborne J ruled that reliance upon r 17.29 to seek stay of an order of adjudication was “misconceived” because such an order determines an individual’s status and is not a judgment creating a civil debt or other liability, saying:4
Part 17 of the High Court Rules is concerned with the enforcement of judgment debts where one party (the “liable party”) is liable to another party (“the entitled party”). This is not such a case.
[5] This appeal of the jurisdiction decision has been set down for hearing in the Court of Appeal on 25 February 2020.
[6] I declined the application for an adjournment of the stay application, at which point Ms Sisson filed a notice of discontinuance. However, costs was not addressed and I made directions as to the filing of memoranda on the costs issue.
The respondent’s position on costs
[7] Memoranda have now been filed and the respondent seeks costs on a 2B basis calculated as follows:
2 CIV-2008-409-995.
3 Commissioner of Inland Revenue v Chesterfields Preschools Ltd (in interim liq)
4 At [20].
Item
Description
Daily Rate
Days
Total
23
Filing opposition to interlocutory application
$2,390
0.6
$1,434.00
12
Appearance at mentions hearing or call-over on 23 September 2019
$2,390
0.2
$478.00
24
Preparation of written submissions (reduced by 50% to reflect the submissions were not finalised).
$2,390
1.5
reduced to…
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