McCulloch v George

[2014] NZHC 419

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CIV-2014-441-000006 [2014] NZHC 419

IN THE MATTER

of the Reciprocal Enforcement of

Judgments Act 1934

IN THE MATTER

of a Judgment of the Local Court of New
South Wales

BETWEEN

HILTON LORNE McCULLOCH Judgment Creditor

AND

MICHAEL JOHN GEORGE First Judgment Debtor

BERNADETTE MARY HARRIS (nee
GEORGE)

Second Judgment Debtor

Hearing:	10 March 2014 (via Telephone Conference at Wellington)
Counsel:	A C Poole for Judgment Creditor No appearance for First and Second Judgment Debtors
Judgment:	10 March 2014

JUDGMENT OF COLLINS J

[1]      This matter came before Associate Judge Osborne on 4 March 2014.   For jurisdictional reasons it was transferred to me to be considered by way of a telephone conference on 10 March 2014.

[2]      When this matter was called before Associate Judge Osborne Mr and Mrs

George appeared, although they had not filed any notice of opposition.

[3]      I had been led to believe that Mr and Mrs George would attend to the hearing before me that was conducted at 2.15 pm on 10 March.

McCULLOCH v GEORGE [2014] NZHC 419 [10 March 2014]

[4]      Unfortunately, neither Mr or Mrs George were on the telephone conference call at the time I was linked to that conference call.

[5]      Having read the application and supporting affidavits, I can see no basis for declining the application.

[6]      Accordingly,  I  enter  judgment  for  the  plaintiff  under  the  Reciprocal

Enforcement of Judgments Act 1934 in the following sums:

Judgment debt  NZ$59,047.95

Interest to 1 December 2013  NZ$33,919.80

Total  NZ$92,967.75

[7]      The  Judgment  Creditor  is  also  entitled  to  costs  in  accordance  with  his

counsel’s memorandum of 10 March 2014.

D B Collins J

Solicitors:

Carter Kirkland Morrison, Auckland for Judgment Creditor