Michael Wilson & Partners Limited v Sinclair

[2017] NZHC 250

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2017-485-108 [2017] NZHC 250

IN THE MATTER OF

the Reciprocal Enforcement of Judgments

Act 1934

IN THE MATTER OF

Judgments and Orders of the Court of
Appeal of England & Wales

BETWEEN

MICHAEL WILSON & PARTNERS LIMITED

Judgment Creditor

AND

THOMAS IAN SINCLAIR First Judgment Debtor

SOKOL HOLDINGS INC Second Judgment Debtor

JOHN FORSTER EMMOTT Third Judgment Debtor

Hearing:	On the papers
Counsel:	K P Sullivan for Judgment Creditor
Judgment:	23 February 2017

JUDGMENT OF CLIFFORD J

[1]      On 21 February 2017, the judgment creditor filed an application without notice (properly certified in terms of r 7.23 of the High Court Rules), for registration of two foreign judgments under the Reciprocal Enforcement of Judgments Act 1934 (the Act), together with a memorandum of counsel.

[2]      The affidavit of Shaun Burmester dated 21 February establishes the essential background facts and, together with the memorandum of counsel, satisfies me that

there are two separate judgments of the Court of Appeal of England and Wales,

MICHAEL WILSON & PARTNERS LIMITED v SINCLAIR [2017] NZHC 250 [23 February 2017]

respectively dated 13 January 2017 and 7 February 2017 (the Judgments), which are eligible for registration under the Act.

[3]      I make an order for registration of the Judgments in the form submitted by the judgment creditor as appended to the affidavit of Shaun Burmester.

[4]      Pursuant  to  r  23.15,  an  application  to  set  aside  the  registration  of  the Judgments must be made within 30 working days from service of notice of registration.  Enforcement of the Judgments is prohibited until the expiration of that period of time.

“Clifford J”

Solicitors:

WMC Legal, Wellington, for Judgment Creditor