Emmott v Michael Wilson & Partners Limited

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

CaseChat Overview and Summary

John Forster Emmott, the judgment creditor, applied for the registration of a foreign judgment against Michael Wilson & Partners Limited, the judgment debtor, under the Reciprocal Enforcement of Judgments Act 1934. The application was filed without notice and certified in accordance with rule 7.23 of the High Court Rules. The foreign judgment in question was issued by the High Court of Justice of England and Wales, Queen’s Bench Division, Commercial Court, on 26 June 2016. The affidavit of Daniel Hunt, dated 5 September 2016, provided the necessary background information and confirmed the eligibility of the judgment for registration under the Act.

The court was required to determine whether the foreign judgment met the criteria for registration under the Act, and if so, to order its registration. Additionally, the court needed to set a time limit for any application to set aside the registration of the judgment and to prohibit enforcement until that period had expired. The primary legal issue was whether the judgment creditor had sufficiently demonstrated that the foreign judgment was eligible for registration under the Act.

The court found that the judgment creditor had provided a certified affidavit establishing the background facts and confirming the eligibility of the foreign judgment for registration under the Act. The court accepted that the judgment met the necessary criteria for registration. Consequently, the court ordered the registration of the judgment as submitted by the judgment creditor, in the form appended to the affidavit of Daniel Hunt. The court also noted that any application to set aside the registration of the judgment must be made within 30 working days from the service of notice of registration, and that enforcement of the judgment would be prohibited until the expiration of that period.

In light of the above, the court ordered the registration of the judgment in the form submitted by the judgment creditor. Any application to set aside the registration of the judgment must be made within 30 working days from the service of notice of registration, and enforcement of the judgment is prohibited until the expiration of that period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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