Turner Hopkins Solicitors v Verappan

[2025] NZHC 1666

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-1260

[2025] NZHC 1666

UNDER

the Insolvency Act 2006

BETWEEN

TURNER HOPKINS SOLICITORS

Judgment Creditor

AND

DHARMENDRA VERAPPAN

Judgment Debtor

Hearing:	On the papers
Appearances:	M J Robinson / L P Santana De Mattos for the Judgment Creditor Judgment Debtor in person
Judgment:	23 June 2025

JUDGMENT OF GARDINER J

This judgment was delivered by me on 23 June 2025 at 2.00 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:

Turner Hopkins Solicitors, Auckland

TURNER HOPKINS SOLICITORS v VERAPPAN [2025] NZHC 1666 [23 June 2025]

Introduction

[1]    On 12 November 2024, I heard an application by Turner Hopkins Solicitors for an order  adjudicating  Dharmendra  Verappan  bankrupt.  In  my  judgment  dated 24 November 2024, I allowed Mr Verappan a final opportunity to pay the debt, failing which he would be adjudicated bankrupt.1

[2]    Mr Verappan failed to make the payment. Accordingly, he was adjudicated bankrupt by Associate Judge Sussock on 8 May 2025.2 He has now appealed this decision.

[3]Mr Verappan seeks a transcript of the 12 November 2024 hearing to:

(a)assist in preparation of his appeal;

(b)review the case details; and

(c)ensure accuracy of records.

Application for transcript of hearing

[4]    Access to documents in civil proceedings  is  governed  by  r  9  of  the  Senior Courts (Access to Court Documents) Rules 2017 (the Rules). This provides parties to a civil proceeding with a right to search and inspect the court file or any document relating to the proceeding without paying a fee, or copy any part of the court file or any document on paying a prescribed fee (if any).

[5]    A document is defined as “any written material in the custody or control of the court”.3 A written transcript of a hearing would fall within this definition. However, transcripts for hearings of the kind held on 12 November 2024 are not created in the ordinary course. Rule 3(3) stipulates that the Rules do not require a document which

1      Turner Hopkins Solicitors v Verappan [2024] NZHC 3566.

2      Confirmed in a minute issued by Associate Judge Sussock following the list call.

3      Senior Courts (Access to Court Documents) Rules 2017, r 4.

is not in existence to be prepared. Departure from this rule requires a good reason in the interests of justice.4

[6]The Supreme Court has set out the principles which underpins this rule:5

There are obvious resource implications if judges direct court registries to provide parties with transcripts of hearings of appeals and interlocutory matters generally on demand by litigants. For that reason, judges should always first satisfy themselves that there is good reason in the interest of justice for giving such directions.

Discussion

[7]    I have reviewed Mr Verappan’s notice of appeal. Only one ground concerns procedural fairness in the High Court. This concerns the Court’s refusal to order that Ms Chandra attend the hearing to be cross-examined. This decision was made by Associate Judge Sussock on the papers; the decision and the reasons for it are recorded in a minute dated 7 November 2024.

[8]    This decision was not made at the 12 November hearing. Therefore, there is no “good reason” in the interests of justice for me to order that a transcript of that hearing be created.

[9]    Insofar as Mr Verappan’s appeal concerns the substance of my judgment, it is unnecessary for Mr Verappan to have a transcript of the hearing. The reasons for my decision are set out in the written judgment.

Result

[10]I decline Mr Verappan’s application.

Gardiner J

4      Siemer v Heron [Recusal] [2011] NZSC 116, [2012] 1 NZLR 293.

5 At [9].