| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA285/2017 [2020] NZCA 687 |
| BETWEEN | THERESE ANNE SISSON |
| AND | CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQUIDATION) |
| CA683/2017 | ||
| BETWEEN | THERESE ANNE SISSON Appellant | |
| AND | CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQUIDATION) Intervener | |
| CA684/2017 | ||
| BETWEEN | THERESE ANNE SISSON Appellant | |
| AND | CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQUIDATION) | |
| CA685/2017 | ||
| BETWEEN | THERESE ANNE SISSON | |
| AND | CHESTERFIELDS PRESCHOOLS LIMITED (IN LIQUIDATION) | |
| Hearing: | 5-6 October 2020 |
Court: | Miller, Venning and Katz JJ |
Counsel: | Appellant in person |
Judgment: | 22 December 2020 at 2.00 pm |
JUDGMENT OF THE COURT
A The appeals in CA285/2017, CA683/2017, CA684/2017 and CA685/2017 are dismissed.
B In respect of CA285/2017, Ms Sisson must pay to the Commissioner costs for a standard appeal on a band A basis, with certification for second counsel, plus usual disbursements. Ms Sisson must pay to CPL costs for a standard appeal on a band A basis, with certification for second counsel, plus usual disbursements.
CIn respect of CA683/2017, CA684/2017 and CA685/2017 Ms Sisson must pay to CPL usual disbursements.
____________________________________________________________________
REASONS OF THE COURT
(Given by Katz J)
Ms Sisson appeals a decision of Gendall J in which he refused to recall a previous decision vesting certain property in Chesterfields Preschools Ltd (CPL), by consent (CA285/2017).[1] Ms Sisson also appeals three costs decisions that were made in the course of the vesting order proceeding, namely:
(a)CA684/2017 — an appeal of a costs decision of Nation J following the consolidation of the vesting order proceeding with other proceedings in June 2016.[2]
(b)CA685/2017 — an appeal of the costs decision of Gendall J of 16 February 2017 following the hearing of the vesting orders application.[3]
(c)CA683/2017 — an appeal of costs awards made by Gendall J on 24 March 2017 quantifying the costs order made on 16 February 2017. The costs were quantified at $92,013 to CPL and $87,555.38 together with disbursements of $4,114.15 to the Commissioner of Inland Revenue.[4]
[1]Chesterfields Preschools Ltd (in liq) v Sisson [2017] NZHC 859 [Refusal to recall].
[2]Chesterfields Preschools Ltd (in liq) v Sisson [2016] NZHC 1286 [Consolidation costs].
[3]Chesterfields Preschools Ltd (in liq) v Sisson [2017] NZHC 181 [Vesting costs order].
[4]Chesterfields Preschools Ltd (in liq) v Sisson [2017] NZHC 553 [Vesting costs award].
This judgment is one of three judgments being delivered contemporaneously, which together determine 11 appeals relating to the affairs of Ms Sisson and CPL. The other two judgments deal with the liquidation of CPL ([2020] NZCA 686 — the liquidation judgment) and the bankruptcy of Ms Sisson ([2020] NZCA 689 — the bankruptcy judgment). The liquidation judgment is the principal judgment. It sets out…
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- Case
- [2020] NZCA 687
- Decision Date
CaseChat Overview and Summary
The Court of Appeal found that the High Court was correct in refusing to set aside the consent orders. Sisson argued that the orders should be set aside pending determination of her claims of misfeasance against the Commissioner of Inland Revenue and others. The Court found that the misfeasance claims were irrelevant to the vesting order proceeding and that setting aside the orders would materially prejudice the Commissioner, the main creditor of CPL. The Court also rejected Sisson's argument that her consent to the orders was compromised due to her ill health and lack of understanding, finding that she had acknowledged understanding the consent terms.
As for the costs appeals, the Court determined that Sisson, having been adjudicated bankrupt before the costs awards were made, lacked standing to appeal the costs decisions. Any dispute regarding the costs would need to be brought by the Official Assignee, who did not consider there was a basis to contest the costs awards. Consequently, all appeals were dismissed, and Sisson was ordered to pay costs to CPL and the Commissioner of Inland Revenue.
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