ORDER PROHIBITING PUBLICATION OF NAMES OR IDENTIFYING PARTICULARS OF THE PARTIES. IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY
I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE
CIV-2022-419-14
[2022] NZHC 2344
BETWEEN RPW
Judgment Creditor
AND
H
Judgment Debtor
Hearing: 3 August 2022 Appearances:
Jesse Savage for the Judgment Creditor Judgment Debtor is self-represented
Judgment:
14 September 2022
JUDGMENT OF ASSOCIATE JUDGE C B TAYLOR
This judgment was delivered by me on 14 September 2022 at 3:00pm
pursuant to Rule 11.5 of the High Court Rules
………………………….
Registrar/Deputy Registrar
Solicitors:
Norris Ward McKinnon (Jesse Savage), Hamilton, for the Judgment Creditor
Copy for:
H (the Judgment Debtor)
RPW v H [2022] NZHC 2344 [14 September 2022]
Introduction
[1] RPW applied on 29 April 2022 for orders adjudicating H bankrupt, and as to costs.1
[2] H seeks a stay of the adjudication proceeding on the grounds that he currently has judicial review proceedings on foot in the Employment Court in respect of several Employment Relations Authority (ERA) determinations, which he says will render RPW’s bankruptcy application nugatory.
[3] RPW has applied to strike out H’s judicial review application. That issue is before the Employment Court, which has yet to issue its decision.
Background
[4] RPW’s application is based on a bankruptcy notice for $67,035.78. The debt arises from various penalty and costs awards imposed on, or made against, H in the ERA and Employment Court.
[5] H is an employment advocate. He represented a former employee of RPW during a mediation, which resulted in a settlement agreement dated 5 March 2018. The agreement imposed an obligation on the parties not to make derogatory or disparaging comments about the other. H signed the record of settlement to indicate his agreement to being bound by that term. However, he went on to make disparaging comments about RPW on a public Facebook page. This led to seven determinations of the ERA, culminating in orders requiring H and his company to comply with the settlement terms and to remove the offending comments from social media.2
1 Creditor’s application for adjudication order dated 29 April 2022 at [1].
2 H v Employment Relations Authority [2021] NZSC 188 [SC decision] at [5], citing R v H [2018] NZERA Auckland 253.
[6] H challenged the ERA’s final two determinations, dealing with penalties. The Employment Court refused applications for leave to extend time to challenge the first five determinations and dismissed the challenges against the last two determinations. That being so, the penalties order by the ERA stood and costs were awarded to RPW.3 The Court of Appeal struck out H’s subsequent application for judicial review of the directions and orders of the ERA and decision of the Employment Court.4 The Supreme Court declined H leave to appeal from that decision.5
[7] As stated above, H has now brought judicial review proceedings in the Employment Court, which RPW has sought to strike out. The Employment Court’s decision is pending.
[8] In the time since RPW applied for…
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