Martell v Martell

[2024] NZHC 3302

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-001051

[2024] NZHC 3302

UNDER

Senior Courts Act 2016

IN THE MATTER

of a judgment of the Family Court at Great Grimsby, United Kingdom

BETWEEN

RACHAEL ANN MARTELL

Judgment Creditor/Applicant

AND

CAMPBELL DAVID MARTELL

Judgment Debtor/Respondent

Hearing:	7 November 2024
Appearances:	G W Easton for Judgment Creditor/Applicant No appearance for Respondent
Judgment:	7 November 2024
Reissued:	8 November 2024

JUDGMENT OF VENNING J

[Formal proof]

This judgment was delivered by me on 7 November 2024 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Wilson Harle, Auckland Copy to:  Judgment Debtor/Respondent

MARTELL v MARTELL [2024] NZHC 3302 [7 November 2024]

[1]    The applicant seeks an order that the memorial of judgment of the Family Court at Great Grimsby in the United Kingdom be registered as a judgment of this Court under s 172(3) of the Senior Courts Act 2016.

[2]    On 22 February 2023, the applicant obtained a financial remedy order from the Family Court in Great Grimsby against the respondent. The order provided, among other things, for the respondent to pay a lump sum of £416,000 by 23 June 2023, and in the event of default, provided for interest at a rate of 4.5 per cent above the Bank of England’s base rate. The judgment sum, together with the interest ordered by the Family Court at Great Grimsby, amounts to $1,022,394.02 as converted at today’s date.

[3]    The respondent has not complied with the judgment. He resides in New Zealand. The applicant seeks to register the memorial of judgment under the provisions of s 172(2) of the Senior Courts Act.

[4]    The requirements of s 172(3) have been met. A summons was issued to the respondent and duly served. The respondent has failed to engage with the process, even though he acknowledged receipt by email of the date for the call of the summons on 16 October 2024.  The matter was allocated  a formal proof before the Court on   7 November 2024. Again the respondent failed to appear today.

[5]    As noted previously by Johnstone J, the judgment is not subject to s 13 of the Reciprocal Enforcement of Judgments Act 1934 so that s 172 is the appropriate section to apply in this case.

[6]    Having regard to the application and the supporting affidavit evidence the Court is satisfied the applicant is entitled to the order sought.

Order

[7]    There will be an order accordingly under s 172 of the Senior Courts Act allowing execution of the judgment of the Family Court at Great Grimsby in the sum

of $1,022,394.02 as a judgment of this Court. There are no terms or conditions attaching to such execution.

Costs

[8]Costs on a 2B basis together with disbursements as fixed by the Registrar.

Venning J