MacKenzie v Hishon

[2022] NZHC 2137

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CIV-2020-425-52

[2022] NZHC 2137

BETWEEN

LOUISE ROSE MACKENZIE

First Plaintiff

PURPLE & ORANGE LIMITED
Second Plaintiff

AND

ANTHONY JOHN KENNEDY HISHON

First Defendant

ANTHONY JOHN KENNEDY HISHON
and ANDREA MAIRI SOPER, as trustees of the KJ and KA Hishon Family Trust

Second Defendants

Hearing:

25 August 2022

(Resumed Judicial Settlement Conference)

Counsel:

J B Walker for First and Second Plaintiffs

R G R Eagles for First and Second Defendants

Judgment:

25 August 2022

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Consent Judgment)

MACKENZIE v HISHON [2022] NZHC 2137 [25 August 2022]

[1]                 The first plaintiff, first defendant and second defendants attended a (resumed) Judicial Settlement Conference (JSC) on 25 August 2022.

[2]                 While Purple & Orange Limited is shown on some papers as a second plaintiff, it is not formally a party to this proceeding. However, for the purposes of this consent judgment, the defendants consent to Purple & Orange Limited being joined as second plaintiff and I so order under r 4.56 of the High Court Rules 2016.

[3]                 The parties’ preference was to have their settlement recorded in a consent judgment.

[4]Accordingly, the following orders are made by consent:

(a)These orders are made in full and final settlement of all claims between the parties to this proceeding. For the avoidance of doubt, the full and final settlement extends to all claims, judgments, appeals or any claim whatsoever known or unknown between the parties. The intent is, as it was said during the JSC, that this is a “walk away” settlement so that all parties know that all matters between them are resolved finally, once and for all.

(b)For the avoidance of doubt, this consent judgment shall be an absolute bar to any further claim between the parties save as to any cause of action that only accrues from events after this consent judgment.

(c)The first and second defendants are jointly and severally to pay to the first plaintiff the sum of $110,000.00 by two instalments. The first instalment of $55,000.00 is due three calendar months from today,   25 August 2022 (that is by 25 November 2022). The second instalment, being the balance of the $110,000.00 is payable nine months thereafter, that is, in 12 months’ time (that is by 25 August 2023).

(d)The first plaintiff shall transfer her shares in Purple & Orange Ltd to the first defendant or his nominee. The first plaintiff shall also resign as a director of Purple & Orange Ltd.

(e)There shall be no order for costs in respect of this proceeding.

(f)To the extent necessary, the parties shall advise any court or tribunal in which there is an active application, that a decision from that court is no longer required and any live applications, appeals or proceedings can be treated as at an end or discontinued.

Associate Judge Lester

Solicitors:

Walker Murdoch Law, Invercargill

Eagles Eagles & Redpath, Invercargill