Loktronic Industries Limited v Diver HC Auckland CIV-2008-404-004657

[2011] NZHC 506

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2008-404-004657

BETWEEN  LOKTRONIC INDUSTRIES LIMITED Plaintiff

ANDSTEPHEN JOHN DIVER First Defendant

ANDSDR LIMITED Second Defendant

ANDROY BOWYER Third Defendant

ANDTRIMEC TECHNOLOGY LIMITED Fourth Defendant

ANDNEIL RICHARD HINGSTON Fifth Defendant

ANDHEIL HINGSTON ENGINEERING LIMITED

Sixth Defendant

ANDASSA ABLOY NZ LIMITED Seventh Defendant

Hearing:         On the papers

Judgment:      20 May 2011 at 4:00 PM

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 20 May 2011 at 4:00 pm

pursuant to R 11.5 of the High Court Rules.

Registrar / Deputy Registrar

Date……………………….

Solicitors:           Baldwins, P O Box 5999 Wellesley Street, Auckland 1141

Fax: [phone]

Counsel:             S A Grant / B R Saldanha, P O Box 4338 Shortland Street, Auckland 1140

Fax: [phone]

LOKTRONIC INDUSTRIES LTD V DIVER HC AK CIV-2008-404-004657 20 May 2011

[1]      On 30 March 2011 I delivered a judgment in this matter in favour of the plaintiff, Loktronic Industries Ltd, against all the defendants except the second defendant.  Loktronic wishes to enforce its judgment against the third defendant who is resident in Australia and fourth defendant, a company which has its registered office in Australia.

[2]      The Reciprocal Enforcement of Judgments Act 1934 permits a New Zealand judgment creditor wishing to enforce a judgment in a country to which Part I of the Act extends, to obtain a certified copy of the judgment under s 11.  The Act extends to Australia and Loktronic has applied under s 11 for a certified copy.

[3]      Under r 23.24 of the High Court rules an application under s 11 must be made by application without notice supported by an affidavit of the judgment creditor or its solicitor containing the information specified in r 23.24(2).  Loktronic has filed the requisite applications and the supporting affidavit satisfies r 23.24.

[4]      I accordingly make an order under s 11 that there be issued to Loktronic: (a) A certified copy of the judgment; and

(b)      A certificate with respect to the judgment containing:

(i)Particulars  of  the  causes  of  action  to  which  the  judgment relate; and

(ii)Particulars  of  the  rate  of  interest,  if  any,  payable  on  any amount payable under the judgment.

P Courtney J