IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE
CIV-2016-454-85
[2019] NZHC 2250
BETWEEN MĀORI TRUSTEE
Judgment creditor
AND
FREDRICK PIRIPI KINGI HILL
Judgment debtor
Hearing: 5 September 2019 Appearances:
C Reuhman for judgment creditor Judgment debtor in person
Judgment:
10 September 2019
JUDGMENT OF ASSOCIATE JUDGE JOHNSTON
This judgment was delivered by me on 10 September 2019 at 11.00am, pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
[1] After nearly five years of litigation between the judgment creditor, the Māori Trustee, and the judgment debtor, Mr Fredrick Hill, before the Court for determination is the Māori Trustee’s application for an order adjudicating Mr Hill bankrupt.
[2] Following a defended hearing in the District Court at Palmerston North, Judge Ross delivered a judgment dated 23 February 2015 in which the Judge:1
1 Māori Trustee v Hill DC Palmerston North CIV-2011-054-533, 23 February 2015.
MĀORI TRUSTEE v HILL [2019] NZHC 2250 [10 September 2019]
(a)made an order terminating a lease between the Māori Trustee as lessor and Mr Hill as lessee of a block of land in Mangatainoka;
(b)made a supplementary order granting the Māori Trustee possession of the land; and
(c)awarded the Māori Trustee damages in the sum of $87,423.33.
[3] That judgment was based on certain premises, most obviously that the Māori Trustee as the registered owner of the land was entitled to deal with it.
[4]The Māori Trustee’s status as such is disputed by Mr Hill.
[5] The lapse in time between the District Court judgment of 23 February 2015 and this hearing is explained by ongoing litigation between the parties. Focussing on litigation that relates directly to the matter before the Court today, and therefore ignoring collateral litigation initiated by Mr Hill in various courts:
(a)Mr Hill sought a retrial of the proceeding in the District Court. His application was dismissed by Judge Bouchier in a judgment dated 10 June 2015.2
(b)Mr Hill appealed from the District Court’s substantive judgment to this Court. His appeal was dismissed by Dobson J in a judgment dated 4 March 2016.3 This was a comprehensive judgment that addressed all of Mr Hill’s arguments, whether or not they had been argued in the court below.
(c)On 29 October 2016, the Māori Trustee served a bankruptcy notice based on the District Court judgment. On 11 November 2016, Mr Hill filed and served an application for an order setting the bankruptcy notice aside. Mr Hill’s application was heard on 7 April 2017.
2 Māori Trustee v Hill [2015] NZDC 10506.
Associate Judge Smith dismissed that application in a judgment dated 29 September 2017.4 This too was a comprehensive judgment that addressed the same arguments.
(d)Mr Hill appealed from Associate Judge Smith’s judgment to the Court of Appeal. On 24 June 2019, the Court of Appeal struck Mr Hill’s appeal out on procedural grounds.5
(e)Mr Hill applied to the Court of Appeal for…
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- Maori Trustee v Hill [2019] NZHC 2250
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CaseChat Overview and Summary
The legal issues at the heart of this case revolve around the validity and finality of prior court decisions, the scope of section 414(1) of the Insolvency Act, and the applicability of cross-claims in bankruptcy proceedings. Specifically, the court had to determine whether Mr Hill could challenge the earlier judgments on the basis of a cross-claim, and if the court could revisit those judgments under section 414(1). The court also had to consider whether Mr Hill's concerns about the personal consequences of bankruptcy were relevant to the decision to grant the Māori Trustee’s application.
Associate Judge Johnston meticulously examines the statutory provisions and previous case law to conclude that Mr Hill's arguments have already been addressed and rejected in previous judgments. The court holds that the earlier judgments are final and binding on the parties, and that section 414(1) does not provide a mechanism for reopening settled issues. The court dismisses Mr Hill's application and proceeds to grant the Māori Trustee’s application for bankruptcy, noting that Mr Hill's personal concerns about the consequences of bankruptcy do not constitute a legal objection. The court further orders that the Māori Trustee is entitled to her costs on a 2B basis, along with allowable disbursements.
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