Juran v Quinn

[2012] NZCA 349

IN THE COURT OF APPEAL OF NEW ZEALAND

CA315/2012
[2012] NZCA 349

BETWEEN  ALEN VALENTIN JURAN
Appellant

AND  GERRARD STEPHEN QUINN
Respondent

Court:             Harrison, Wild and White JJ

Counsel:         A C Beck for appellant
J R Grace for respondent

Judgment

(On the papers):          3 August 2012 at 10.30 am

JUDGMENT OF THE COURT

AThe appeal is allowed.

BThe judgment of the High Court delivered on 3 May 2012 is quashed.

CThe bankruptcy notice issued by the respondent to the appellant on 27 February 2012 is set aside.

DNo order as to costs.

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REASONS OF THE COURT
(Given by Wild J)

1. This appeal was filed on 30 May 2012.  It is against a judgment delivered by Associate Judge Matthews on 3 May 2012 refusing to set aside a bankruptcy notice issued on 27 February 2012 by the respondent to the appellant.[1]

   [1]      Quinn v Juran HC Wellington CIV-2012-485-433, 3 May 2012.

2. In a joint memorandum filed on 29 June counsel for the parties advised that they have settled this matter and requested that the Court make the following orders by consent:

   (a)Setting aside the 3 May 2012 judgment of the High Court.

   (b)Setting aside the bankruptcy notice issued by the respondent to the appellant on 27 February 2012.

3. In the same memorandum counsel advised that they are agreed there should be no order as to costs.

4. By consent, we make the orders sought, and make no order as to the costs of the appeal.

Solicitors:
Macalister Mazengarb, Wellington for Appellant