Emmott v Michael Wilson & Partners Limited

[2016] NZHC 2450

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2016-485-722 [2016] NZHC 2450

IN THE MATTER

of the Reciprocal Enforcement of

Judgments Act 1934

AND

IN THE MATTER

of an order of the Commercial Court, Queen’s Bench Division, High Court of Justice of England and Wales

BETWEEN

JOHN FORSTER EMMOTT Judgment Creditor

AND

MICHAEL WILSON & PARTNERS LIMITED

Judgment Debtor

Hearing:	On the papers
Counsel:	A J Knowsley for Judgment Creditor
Judgment:	14 October 2016

JUDGMENT OF CLARK J

[1]      On 7 October 2016, the judgment creditor filed an originating application without notice (properly certified in terms of r 7.23 of the High Court Rules), for registration of a foreign judgment under the Reciprocal Enforcement of Judgments Act 1934 (the Act).

[2]      An affidavit of Daniel Hunt dated 5 September 2016 establishes the essential background facts and satisfies me that there is a judgment of the High Court of Justice of England and Wales Queen’s Bench Division, Commercial Court, dated

26 June 2016 which is eligible for registration under the Act.

EMMOTT v WILSON & PARTNERS LIMITED [2016] NZHC 2450 [14 October 2016]

[3]      I make an order for registration of the judgment in the form submitted by the judgment creditor as appended to the affidavit of Daniel Hunt.

[4]      Pursuant  to  r  23.15,  an  application  to  set  aside  the  registration  of  the judgment  must  be  made  within  30  working  days  from  service  of  notice  of registration.  Enforcement of the judgment is prohibited until the expiration of that

period of time.

Karen Clark J

Solicitors:

Rainey Collins, Wellington for Judgment Creditor