Raylee Patricia Harley v Robert John Erwood and The Official Assignee - SC 89/2010

Summary

Civil – Official Assignee accepted a proof of debt from the applicant – decision reversed by the High Court whose judgment was upheld in the Court of Appeal – whether the Court of Appeal correctly applied Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] NZSC 5 in finding that a judgment in favour of the applicant in one set of proceedings was compromised by a consent order in different proceedings – whether s 149(2)(b) of the Law Practitioners Act 1982, which empowers the court to enter judgment for fees, witness expenses and disbursements, is sufficient basis for a proof of debt claim where the Official Assignee acted reasonably.[2010] NZCA 362  CA 261/2009    10 August 2010.

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Additional Information

Applications for leave to appeal by Mrs Harley and Mr Erwood are both dismissed.

16 November 2010