Chesterfields Preschools Limited (in liquidation) v Sisson

[2017] NZHC 197

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-409-000043 [2017] NZHC 197

BETWEEN

COMMISSIONER OF INLAND

REVENUE Plaintiff

AND

CHESTERFIELDS PRESCHOOLS LIMITED

First Defendant

THERESE ANNE SISSON Second Defendant

Hearing:	13-16 February 2017
Appearances:	S Kinsler, P J Shamy and S L Russell for Plaintiff B M Russell and K M Kendrick for Defendant Second Defendant Appears In Person
Judgment:	17 February 2017

JUDGMENT OF GENDALL J

[1]      On  13  February  2017,  I  gave  a  decision  (with  reasons  following  on

16 February 2017) declining a review that Therese Anne Sisson (Ms Sisson) had brought to review a decision of Associate Judge Osborne in this Court striking out a related proceeding CIV-2016-409-637.

[2]      This -637 proceeding involved an application by Ms Sisson originally for stay of execution of a judgment placing Chesterfields Preschools Limited into liquidation and any further step in that proceeding pending determination of an appeal.   The appeal in question which has finally been accepted for filing by the Court of Appeal is an appeal by Ms Sisson against the original judgment of this Court  making  an  order  that  the  company  Chesterfields  Preschools  Limited  was

placed into liquidation.

COMMISSIONER OF INLAND REVENUE v CHESTERFIELDS PRESCHOOLS LIMITED [2017] NZHC

197 [17 February 2017]

[3]      In a range of decisions given in this Court on 16 February 2017 other proceedings which Ms Sisson had brought endeavouring to stay the execution of that company liquidation judgment, amongst other things, were resolved with Ms Sisson consenting to judgments being entered in favour of other parties who had challenged her various applications.

[4]      The upshot of these decisions were that any questions of stay execution of the liquidation judgment and further steps being taken in that proceeding simply fell away, notwithstanding that the appeal of the original liquidation judgment before the Court of Appeal is still to be heard.

[5]      That said, and simply for the sake of completeness, I confirm that so far as the present proceeding CIV-2015-409-43 is concerned, Ms Sisson’s application to review the decision of Associate Judge Osborne dated 5 October 2016 which dismissed her stay application is now dismissed.

[6]      If costs are at issue with respect to this matter they are reserved.

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

Gendall J

Solicitors:

Lane Neave, Christchurch

Phillip Shamy, Christchurch

Meredith Connell, Christchurch

Copy to Ms Sisson