Westpac Banking Corporation v Mataroa Shipping & Trading Limited HC Auckland CIV 2008-404-003413

[2008] NZHC 2599

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2008-404-003413

UNDER  Cook Islands Act 1915

BETWEEN  WESTPAC BANKING CORPORATION Plaintiff

ANDMATAROA SHIPPING & TRADING LIMITED

First Defendant

ANDSOLOMONA WILLIAM, FORMERLY KNOWN AS SOLOMONA WILLIAMS, ALSO KNOWN AS SOLOMON WILLIAMS AND SOLOMON WILLIAM Second Defendant

ANDTEREAPII PIHO Third Defendant

Counsel:         A J Steele

Judgment:      29 September 2008  at 2:30pm

JUDGMENT OF ASSOCIATE JUDGE ABBOTT

This judgment was delivered by me on29 August 2008 at 2:30pm, pursuant to Rule 540(4) of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Martelli McKegg Wells & Cormack, PO Box 5745 Wellesley Street, Auckland 1141

WESTPAC BANKING CORPORATION  V MATAROA SHIPPING & TRADING LIMITED & ORS HC AK CIV 2008-404-003413  29 September 2008

[1]      The plaintiff, Westpac Banking Corporation, applies ex parte for leave to enforce a judgment of the High Court of the Cook Islands by way of bankruptcy proceedings against the second defendant Solomona Williams.

[2]      The judgment is in respect of money lent to the first defendant (Mataroa Shipping)  in  March  2003.    Mr  Williams  and  the  third  defendant  guaranteed Mataroa’s obligations under that loan.  Judgment was entered in the High Court of the Cook Islands on 23 October 2007 against the defendants jointly and severally for

$437,185.25, inclusive of interest to date of judgment and costs.

[3]      The application is made pursuant to s 142 of the Cook Islands Act 1915 on the basis of:

a)       A memorial of the judgment of the High Court of the Cook Islands which was filed in this Court on 6 June 2008; and

b)Evidence filed in support of the application showing that the cause of action, or material parts of it, arose in the Cook Islands (amongst other matters the loan  agreement and  guarantees were signed,  the funds were advanced, and repayment was to have been made in the Cook Islands).

[4]      An order has already been made in this Court (on 31 July 2008) granting leave to Westpac to issue a charging order against land owned by Mr Williams in New Zealand.  Evidence has been produced that Mr Williams is currently residing in New Zealand.

[5]      As with the previous application (in respect of the charging order) I see no need to require the application  to  be brought  on  notice.    Mr  Williams  has  not challenged the judgment debt to date.

[6]      I am satisfied that the pre-requisites for leave to issue this further execution had been made out.  I make orders as sought (including costs).  The order for costs is on a 2B basis.

[7]      Finally, I note the amendment made by the High Court of the Cook Islands on 12 May 2008 to the name of the second defendant.  Any bankruptcy proceedings

are to be issued in his name as amended.

Associate Judge Abbott