Fairmount Trustee Services Ltd v Robinson

[2012] NZHC 2768

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-5474 [2012] NZHC 2768

IN THE MATTER OF     the Reciprocal Enforcement of Judgments

Act 1934

AND

IN THE MATTER OF      a judgment of the High Court of Justice

Queen's Bench Division, England

BETWEEN  FAIRMOUNT TRUSTEE SERVICES LTD Judgment Creditor

ANDCOLIN SYDNEY ROBINSON Judgment Debtor

Hearing:         (On the papers)

Counsel:         MJ Robinson for Judgment Creditor

Judgment:      19 October 2012

JUDGMENT OF BREWER J

SOLICITORS

Turner Hopkins (Auckland) for Judgment Creditor

FAIRMOUNT TRUSTEE SERVICES LTD V ROBINSON HC AK CIV-2012-404-5474 [19 October 2012]

[1]      On 18 October 2012, the judgment creditor filed an amended originating application  without  notice  for  registration  of  a  foreign  judgment  under  the Reciprocal Enforcement of Judgments Act 1934 (the Act).

[2]      Affidavits of Andrew Cohen, dated 3 September 2012, and David Johnston, dated 6 July 2012, establish the essential background facts and satisfy me that there is a judgment of the High Court of Justice Queen’s Bench Division, United Kingdom dated 7 February 2011 which is eligible for registration under the Act.

[3]      The key point is whether I should agree to the registration of the judgment without notice to the judgment debtor.  I say this because a judgment pertaining to this matter was registered under the Act previously but the judgment debtor applied successfully to set the registration aside.[1]

[1] Fairmount Trustee Services Ltd v Robinson HC Auckland CIV-2011-404-5064, 13 April 2012.

[4]      I have decided that it is appropriate to permit the registration of the judgment, for the following reasons:

[a]      On the face of the documents, the judgment creditor is entitled to have the judgment registered; and

[b]      The reason why the earlier registration was set aside was not because the judgment debtor had established a case on the merits but because of a technical reason invalidating the registration from the beginning;[2] and

[c]      Registration of a foreign judgment is not absolute.   If the judgment debtor wishes to challenge the registration, he has 25 working days from the date of service of the notice of registration to lodge an application.  The judgment cannot be enforced against the judgment

debtor until the expiry of this period.

[2] The judgment registered was the County Court judgment rather than the subsequent judgment

obtained in the High Court of Justice Queen’s Bench Division.

[5]       Accordingly, I make an order for registration of the judgment in the form

submitted by the judgment creditor and filed in the Court on 18 October 2012.

Brewer J