Chesterfields Preschools Ltd (in liq) v Sisson

[2017] NZHC 181

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-000040 [2017] NZHC 181

BETWEEN

CHESTERFIELDS PRESCHOOLS

LIMITED (IN LIQUIDATION) Plaintiff

AND

THERESE ANNE SISSON Defendant

THE COMMISSIONER OF INLAND REVENUE

Intervener

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

ORAL JUDGMENT OF GENDALL J

[1]      Today, 16 February 2017, is the fourth day of the hearing of this and other proceedings  between  these  parties.    At  approximately  10:45  a.m.  this  morning counsel for the plaintiff, Mr Russell counsel for the Intervener, Mr Shamy and the defendant Ms Sisson, completed and passed to the Court a consent memorandum which stated:

1.By consent the plaintiff, defendant and intervener in this proceeding, (CIV-2016-409-40) seek judgment in terms of the relief sought in the first cause of action in the plaintiff’s Second Amended Statement of Claim dated 8 August 2016.

2.The parties seek a timetable for the filing of submissions on the question of costs and allocation of a short fixture.

CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQUIDATION) v SISSON [2017] NZHC 181 [16 February

2017]

[2]      Having received this consent memorandum I then checked with counsel for the plaintiff, and counsel for the intervener, and Ms Sisson the defendant, that indeed a consent judgment in this proceeding in terms of the second amended statement of claim was sought by all parties. This was confirmed.

[3]     By consent, therefore, I now enter judgment in favour of the plaintiff, Chesterfields    Preschools    Limited    (In    Liquidation)   against    the   defendant, Therese Anne Sisson, in terms of the second amended statement of claim dated

8 August 2016 filed in this proceeding, and I make the following orders by consent:

(a)      An order is made vesting the property at 854 Colombo Street, Christchurch in the plaintiff under s 52(1)(h) Trustee Act 1956.

(b)An order is made vesting the insurance proceeds described in the second amended statement of claim in the plaintiff and a direction is now made that the funds in ANZ Term Deposit Accounts:

(i)       088056229/1000; and

(ii)      088056229/1001

are to be transferred to an account to be stipulated by the liquidators of the plaintiff under s 59(1)(g) Trustee Act 1956.

(c)      An order is now made vesting any and all residual entitlements under the insurance policies referred to in the second amended statement of claim into the plaintiff under s 59(1)(g) Trustee Act 1956.

(d)The freezing orders made by this Court on 16 March 2015 in Commissioner of Inland Revenue v Chesterfields Preschools Limited (HC) Christchurch CIV-2004-409-1043 are lifted to allow the vesting in orders [3](a), (b) and (c) noted above to occur, but otherwise are to remain in force at this point in respect of the proceeds of the sale of

67 Augusta Street, Christchurch, held by the Official Assignee.

(e)      An order is made that caveat No. 10006337.1 placed on the title to the property  at  854  Colombo  Street,  Christchurch,  by  the  Registrar General of Land to enable the property to be transferred to the applicant is removed.

(f)      Costs and disbursements are awarded with respect to this proceeding against   the   defendant   Ms   Sisson   in   favour   of   the   plaintiff Chesterfields Preschools Limited (In Liquidation) and the Intervener the Commissioner of Inland Revenue.   The amount of such costs and disbursements is to be determined by this Court subsequently as noted below.

[4]      So far as costs on this proceeding are concerned, the parties have sought a timetable for the filing of submissions on the question of the quantum of these costs and the allocation of a short fixture to deal with this matter.

[5]      That  said,  the  following  directions  are  now  made  concerning  the  costs question:

(a)      By   24   February   2017   counsel   for   the   plaintiff   Chesterfields Preschools Limited (In Liquidation) and counsel for the Intervener the Commissioner of Inland Revenue are to file and serve submissions in support of their claim for costs here.

(b)By 10 March 2017 the defendant Therese Anne Sisson is to file and serve her submissions on this costs quantum question in reply.

(c)      By 17 March 2017 the plaintiff Chesterfields Preschools Limited (In Liquidation) and the Intervener the Commissioner of Inland Revenue through counsel are to file and serve any brief reply submissions they may wish to put before the Court.

(d)The Registrar is then directed to liaise with all parties to set that quantum question down for hearing before me at the first available and suitable date, (one half day is allocated for this purpose).

(e)       I also direct the Registrar to provide to counsel for all parties and

Ms Sisson a copy of the consent memorandum  dated 16 February

2017 filed in this matter.

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

Gendall J

Solicitors:

Lane Neave, Christchurch

Phillip Shamy, Christchurch

Meredith Connell, Christchurch

Copy to Ms Sisson