Lata v Pal

[2018] NZHC 2743

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-2188

[2018] NZHC 2743

IN THE MATTER OF THE

RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT 1934

AND

IN THE MATTER OF

A JUDGMENT OF THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION

BETWEEN

SALESHNI LATA

Judgment Creditor

AND

RAZMI DEVI PAL

Judgment Debtor

Hearing:	On the papers
Counsel:	V S Raman for Judgment Creditor
Judgment:	23 October 2018

JUDGMENT OF PAUL DAVISON J

This judgment was delivered by me on 23 October 2018 at 3:30 pm Pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:

Southern Legal, Manukau, Auckland

LATA v PAL [2018] NZHC 2743 [23 October 2018]

[1]    The judgment creditor, Saleshni Lata, makes a without notice application for registration of a foreign judgment under the Reciprocal Enforcement of Judgments Act 1934. In support of the application the judgment creditor has filed an affidavit of Victor Raman of Auckland, solicitor, to which is exhibited a certified copy of a sealed judgment entered for the judgment creditor against the judgment debtor, Razmi Devi Pal, on 28 August 2018 in the High Court at Suva, Fiji for the sum of $450,000. It was a default judgment.

[2]    The Reciprocal Enforcement of Judgments Act applies to decisions of the High Court of Fiji, as recognised in Abe v Azim.1 Mr Raman in his affidavit deposes that the judgment is enforceable in the High Court of Fiji and that the judgment has not been satisfied. He also includes a statement of the rate of exchange between New Zealand currency and Fijian currency as at the date of the application, and the amount that the sum payable under the judgment represents in New Zealand currency. Mr Raman has also filed a second and supplementary affidavit in which he states that interest was neither pleaded nor awarded and no interest is claimed or sought in the sealing of the judgment under the Act. I am satisfied that the requirements of Part 23 of the High Court Rules 2016, which govern applications under the Reciprocal Enforcement of Judgements Act, are met.

[3]    The judgment creditor has established the entry of judgment against the defendant as set out in the “judgment in default” sealed by the High Court, Fiji in the sum of $450,000. Accordingly I make an order in terms of the draft order filed with the application that the judgment be registered pursuant to s 4 of the Reciprocal Enforcement of Judgments Act 1934.

Paul Davison J

1      Abe v Azim HC Auckland CIV-2010-404-3741, 4 April 2011 at [7]–[9]; see the Reciprocal Enforcement of Judgments Act 1934, s 3(2) and the Schedule to the Reciprocal Enforcement of Judgments Order 1940.