Michael Wilson & Partners Limited v Sinclair

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

CaseChat Overview and Summary

The case of Michael Wilson & Partners Limited v Sinclair involved an application by the judgment creditor to register two foreign judgments from the Court of Appeal of England and Wales. The judgments were against Thomas Ian Sinclair, Sokol Holdings Inc, and John Forster Emmott. The application was made under the Reciprocal Enforcement of Judgments Act 1934. The applicant, Michael Wilson & Partners Limited, sought to enforce these judgments in New Zealand, and the defendants, represented by WMC Legal, did not oppose the application.

The primary legal issue the court had to address was whether the foreign judgments were eligible for registration and enforcement in New Zealand under the Act. The court had to determine if the requirements of the Act were met, including whether the judgments were final, conclusive, and properly authenticated. The court also considered the timeliness and procedural correctness of the application. The judgment creditor argued that all necessary conditions were satisfied, and the defendants did not contest this.

Clifford J examined the affidavit of Shaun Burmester, which detailed the background facts and confirmed the eligibility of the judgments for registration. The court found that the affidavit, along with the memorandum of counsel, sufficiently established the legitimacy of the judgments and the compliance with the Act's requirements. Clifford J concluded that the foreign judgments met the criteria for registration and granted the application. The court issued an order for the registration of the judgments, effective from the date of the judgment, and noted that any application to set aside the registration must be made within 30 working days from the service of notice of registration. Enforcement of the judgments was prohibited until the expiration of this period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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