IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
I TE KŌTI MATUA O AOTEAROA
TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE
CIV-2022-463-100
[2023] NZHC 1006
BETWEEN D H MIKKELSEN
Applicant
AND
P & D MIKKELSEN PARTNERSHIP
First Respondent
P L MIKKELSEN
Second Respondent
Hearing: 22 March 2023 Appearances:
Kate Cornegé for the Applicant
Peter Hardie for the Second Respondent
Judgment:
11 May 2023
JUDGMENT OF ASSOCIATE JUDGE C B TAYLOR
[Set aside protest to jurisdiction]
This judgment was delivered by me on 11 May 2023 at 3:00pm
pursuant to Rule 11.5 of the High Court Rules
…………………………. Registrar/Deputy Registrar
Solicitors:
Tompkins Wake (Olivia Morgan/Kate Cornegé), Tauranga, for the Plaintiff Jones Howden (Peter Hardie), Matamata, for the Respondents
D H MIKKELSEN v P & D MIKKELSEN PARTNERSHIP [2023] NZHC 1006 [11 May 2023]
Introduction
[1] Ms Deborah Anderson, formerly Mikkelsen (Ms Anderson), has applied to set aside a notice filed by the second respondent, Mr Phillip Mikkelsen (Mr Mikkelsen), protesting the jurisdiction of the High Court to hear and determine a wind up application of P & D Mikkelsen Partnership (the Partnership).
Background
[2] On 17 October 2022, Ms Anderson filed an originating application to appoint receivers to wind up the Partnership. It was subsequently served on Mr Mikkelsen on 9 November 2022.
[3] On 25 November 2022, Mr Mikkelsen filed a notice of appearance protesting the jurisdiction of the High Court to hear and determine the originating application (the notice). Instead, he asserted the proper forum was the Family Court or that the application was an abuse of process.
[4] On 13 December 2022, Ms Anderson then filed this interlocutory application to set aside the notice of appearance.
Ms Anderson’s application to set aside notice
[5] Ms Anderson seeks an order setting aside the notice of appearance protesting jurisdiction filed by the second respondent and costs against the second respondent.1
[6]The grounds on which the orders are sought are:2
(a)On 17 October 2022, the applicant filed an originating application in the High Court seeking the appointment of receivers to the Partnership (Application).
(b)On 25 November 2022:
(i) The Second Respondent filed:
1 Interlocutory application to set aside notice of appearance protesting jurisdiction dated 13 December 2022 at [1].
2 At [2].
(A) proceedings in the Family Court seeking the division and classification of relationship property (Second Respondent only);
(B) an interlocutory application in the Family Court for orders appointing a person to sell and divide property pursuant to the Property (Relationships) Act 1976; and
(ii)The First and Second Respondent filed a Notice of Appearance Protesting Jurisdiction in the High Court on the basis that:3
(A) the High Court has no jurisdiction because (inter alia) the property of the Partnership compromises relationship property and the separate property of the Second Respondent:
(B) the originating application is an abuse of process.
(c)The Property (Relationships) Act 1976 (PRA) does not preclude the Applicant from seeking orders in the High Court appointing a receiver to wind…
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- [2023] NZHC 1006
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