IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
CIV-2016-476-000049 [2017] NZHC 2349
BETWEEN THE OFFICIAL ASSIGNEE
Applicant
AND
GABRIELLE PAULETTE MATHIESEN AND GORDON WALLACE MCNAB First Respondents
GALLAWAY COOK ALLAN Second Respondent (ENDED)
JAN HENRIK MATHIESEN Third Respondent
Hearing: 8 August 2017
Memoranda:
From the Applicant - 15 August 2017
From the First Respondents - 15 September 2017Appearances:
G E Slevin for Applicant
G W McNab - Appears in Person for himself andG P Mathiesen as First Respondents
No Appearance for Third Respondent
Judgment:
26 September 2017
JUDGMENT OF GENDALL J
Introduction
[1] Before the Court are two applications:
(a) An application by the Official Assignee filed 19 September 2016 seeking orders directing the sale by the Court of a property belonging
to a family trust and regarding payment of certain held funds.
OFFICIAL ASSIGNEE v MATHIESEN [2017] NZHC 2349 [26 September 2017 ]
(b)An application by the first respondents seeking a stay or dismissal of the Official Assignee’s application noted above for want of jurisdiction.
[2] The second-named first respondent Gordon Wallace McNab (Mr McNab) appeared at this hearing before me in person and indicated he had authority to represent and speak also on behalf of Gabrielle Paulette Mathiesen (Ms Mathiesen), as present trustees of a Trust, known as the Sweet Pea Family Trust, to which I will refer below. He said Ms Mathiesen was not present in Court today purely because she was in Norway pursuing certain matters with her ex-husband the third respondent.
[3] Ms Mathiesen was adjudicated bankrupt by order of this Court on 11 June
2013. Mr Slevin appeared as counsel for the Official Assignee. There was no appearance for the third respondent Jan Henrik Mathiesen (Mr Mathiesen).
[4] Both of the applications noted above are opposed.
Preliminary matters
[5] At the outset, there are several preliminary matters relating to this proceeding which I now address.
[6] The first relates to recusal. This concerns a request at the outset from Ms Mathiesen and Mr McNab that I might recuse myself from hearing this matter. As best I can tell, this recusal request was advanced for reasons which revolved essentially around the fact that up to 1997 I was in legal practice in Hamilton and previously in partnership with a Mr David Jecks. Mr David Jecks is the father of a Mr Stewart Jecks who, it seems, acted for Mr and Ms Mathiesen prior to and around the time of their separation.
[7] I considered this request but was satisfied, however, and confirmed at the outset that matters raised seemed to me to be essentially irrelevant here, and further, that in any event, no proper grounds existed for my being required to recuse myself
with respect to hearing this proceeding. I confirmed this to all parties and the hearing proceeded.
[8] Next, the hearing of the applications before me was set down for one day and commenced at 10 a.m. on 8 August 2017. At the conclusion of that day, largely as a…
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