Chesterfields Preschools Limited (in liquidation) v Sisson

[2017] NZHC 153

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-000040 [2017] NZHC 153

BETWEEN

CHESTERFIELDS PRESCHOOLS

LIMITED (IN LIQUIDATION) Plaintiff

AND

THERESE ANNE SISSON Defendant

THE COMMISSIONER OF INLAND REVENUE

Intervener

CIV-2016-409-000185

BETWEEN  THERESE ANNE SISSON Applicant

ANDTHE OFFICIAL ASSIGNEE (RE ESTATE OF DAVID JOHN HAMPTON First Respondent

THE COMMISSIONER OF INLAND REVENUE

Second Respondent

CIV-2016-409-000453

BETWEEN  THERESE ANNE SISSON Applicant

ANDIAG NEW ZEALAND LIMITED Respondent

CIV-2016-409-000637

BETWEEN  THERESE ANNE SISSON Plaintiff

ANDCOMMISSIONER OF INLAND REVENUE

Defendant

CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQ) v SISSON [2017] NZHC 153 [13 February 2017]

Hearing:	13 February 2017
Appearances:	T A Sisson - Plaintiff/Defendant/Applicant S Kinsler, P J Shamy and S L Russell for Commissioner of Inland Revenue B M Russell and K M Kendrick for Chesterfields Preschools Limited (In Liquidation) G Slevin for Official Assignee M Mitchell for IAG New Zealand Limited
Judgment:	13 February 2017

ORALJUDGMENT OF GENDALL J As to application for stay

[1]      Before the Court is an application by Therese Anne Sisson (Ms Sisson) for

“stay” with respect to the proceeding and any step to enforce proceedings CIV-2016-

409-637, CIV-2016-409-40 and CIV-2016-409-185 pending appeals.

[2]      I have now heard extensive submissions from Ms Sisson in support of the application and from Mr Russell for Chesterfields Preschools Limited (In Liquidation), Mr Slevin for the Official Assignee, Mr Kinsler for the Commissioner of Inland Revenue, and Ms Mitchell for IAG New Zealand Limited in opposition to the application.  Under all the circumstances here I am satisfied that the application must fail and it is dismissed.  I will give detailed reasons for this decision shortly.

[3]      The decision, as I have noted, relates to proceedings ending in -637, -40 and -

185.

[4]      The proceedings insofar as they relate to proceeding -637 will also overlap an application I heard this morning for review of a decision of Associate Judge Osborne in this Court dated 5 October 2016.  Having heard those submissions with respect to that review application this morning I reserved my decision on Ms Sisson’s application.    I now  confirm  that  the application  by Ms  Sisson  for  a  review of Associate Judge Osborne’s decision insofar as it related to proceeding CIV-2016-

409-637 is dismissed.  My detailed reasons for that decision will follow.

[5]      Lastly, and for the sake of completeness, I note that also this morning I heard submissions from all parties on a further application from Ms Sisson for review of a decision  of  Associate  Judge  Osborne  dated  5  October  2016  in  proceeding CIV-2015-409-43.  Again this morning I reserved my decision on that application. That review application remains reserved at this stage.  I would hope I should have a decision to all parties without further delay.

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

Gendall J

Solicitors:

Lane Neave, Christchurch

Phillip Shamy, Christchurch

Meredith Connell, Christchurch

Copy to Ms Sisson