In re Reciprocal Enforcement of Judgments, Ecosurf Viti Ltd v Hatherly [2014] FJHC 661; Civil Action 261.2014 (11 September 2014)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

Civil Action No. 261 of 2014

IN THE MATTER
of the Reciprocal Enforcement of Judgments Act, Cap 39, Laws of Fiji

AND

IN THE MATTER of a Judgment of the High Court of New Zealand,
Dunedin Registry, New Zealand obtained in
Case No. CIV 2014.412.125 by
ECOSURF VITI LIMITED
as Plaintiff against
RICHARD JOHN HATHERLY
as First Defendant
and GIFAFFE INVESTMENTS LIMITED
as Second Defendant
entered on 5 August 2014

Appearance :MS M FONG of Munro Leys Solicitors
Date of Judgment : 11 September 2014

JUDGMENT – REGISTRATION OF FOREIGN JUDGMENT

1. The Ex-parte Summons was filed by the Applicant on 9 September 2014 and sought the following Orders:

(a) That the Judgment of the High Court of New Zealand, Dunedin Registry, New Zealand obtained in Case No. CIV 2014.412.125 by ECOSURF VITI LIMITED as Plaintiff against RICHARD JOHN HATHERLY as First Defendant and GIRAFFE INVESTMENTS LIMITED as Second Defendant entered on 5 August 2014 where it was adjudged that:

"a. Pursuant to Section 66(4) of the district Courts Act 1947 the Plaintiff has removed the District Court judgment into the High Court;

b. Judgment is sealed in this court [NZ]$144,992.05 and [NZ]$50.00 for the sealing order filing fee;"

be registered as a Judgment in the High Court of Fiji pursuant to the Reciprocal Enforcement of Judgments Act, Cap 39, Laws of Fiji;

(b) That a Notice of Registration of Foreign Judgment be served on RICHARD JOHN HATHERLY and GIRAFFE INVESTMENTS LIMITED;

(c) That RICHARD JOHN HATHERLY and GIRAFFE INVESTMENTS LIMITED be given 21 days to file an application to set aside the registration of the Judgment upon service of the Notice of Registration of Foreign Judgment; and.

(d) That RICHARD JOHN HATHERLY and GIRAFFE INVESTMENTS LIMITED pay the costs of this application.

2. The above application was made pursuant to Order 71 of the High Court Rules 1988 and the Reciprocal Enforcement of Judgments Act Cap 39.

3. 3.1 Order 71 of the High Court Rules states:

ORDER 71

RECIPROCAL ENFORCEMENT OF JUDGMENTS

"Application of Reciprocal Enforcement of Judgments Rules (O.71. r1)

1. The Reciprocal Enforcement of Judgments Rules made under the Reciprocal Enforcement of Judgments Act shall apply, with necessary modifications, to proceedings under the Foreign Judgments (Reciprocal) Enforcement) Act.

3.2 Pursuant to Section 6 of the Reciprocal Enforcement Judgment Act Cap39, the Hon. Chief Justice had made rules of the court for regulating the practice and procedure pertaining to the said Act and the Rules are incorporated in Cap 39. I am satisfied the Applicant had complied with Rule 2 to Rule 5. It is also provided in Cap 39 the Reciprocal Jurisdiction was extended to New Zealand pursuant to Section 7 on 10 July 1925.

4. The Applicant had obtained the Judgment from the High Court, New Zealand, Dunedin Registry in Case No. CIV 2014.412.125 (as the Plaintiff) against RICHARD JOHN HATHERLY and GIRAFFE INVESTMENTS LIMITED on 25 August 2014.

5. The sealed Judgment marked "A" is annexed to the Affidavit dated 2 September 2014 by Dr Shaw Mead, a Director of the Applicant Company ECOSURF VITI LIMITED and deposed inter-alia the 1st Defendant is a Director of the 2nd Defendant Company registered in Fiji.

I am satisfied with the contents of the Affidavit in Support and grant the following Orders:

1. Leave granted to the Applicant to register the Judgment obtained by the Plaintiff (Applicant in this case) sealed in the High Court of New Zealand Case No. 2014.412.125 against RICHARD JOHN HATHERLY and GIRAFFE INVESTMENTS LIMITED for (NZ)$144,992.05 and [NZ]$50.00 for the sealing order filing fee in the High Court of Fiji.

2. Serve Notice of Registration of Foreign Judgment on RICHARD JOHN HATHERLY and GIRAFFE INVESTMENTS LIMITED giving them 21 days to file an application to set aside the Registration of the Judgment upon service of the said Notice.

Delivered at Suva this 11th Day of September 2014

................................
C. KOTIGALAGE
JUDGE