LIBERTY FINANCIAL LIMITED V RAWLE HC TAU CIV-2009-470-211 [2009] NZHC 864 (22 July 2009)

IN THE HIGH COURT OF NEW ZEALAND
TAURANGA REGISTRY
                                                                         CIV-2009-470-211

                UNDER                          the Property Law Act 2007


                BETWEEN                        LIBERTY
FINANCIAL LIMITED
                                               Plaintiff

                AND                            BADEN
THOMAS RAWLE
                                               Defendant


Hearing:        20 July 2009 (on papers)

Judgment:     
 22 July 2009 at 4 p.m.


                 JUDGMENT OF ASSOCIATE JUDGE DOOGUE
                     [on Application for Stay of Execution]


                        This judgment was delivered by me on
                                22.07.09 at 4 pm, pursuant to
   
                    Rule 11.5 of the High Court Rules.


                         Registrar/Deputy Registrar

                  
              Date...............




Counsel:

Lowndes Associates, P O Box 7311, Auckland ­ [e-mail]

Mr B T Rawle,
c/ Ngai-Tupango-Hapu-(Inc.), P O Box 206, Takanini 2245, Manukau City.


LIBERTY FINANCIAL LIMITED V RAWLE HC TAU CIV-2009-470-211
22 July 2009

[1]    On 16 July 2009 the defendant, Mr Rawle, filed a document called
`Submissions by Plaintiff for Adjournment
of all Actions Pending Application for
Stay of Execution of Judgment'. I will treat the document as being submissions by
the defendant
and not the plaintiff.


[2]    I decline to grant a stay of execution. My brief reasons are:


       a)      There is no evidence
that any appeal has been filed notwithstanding
               the entry of judgment against the defendant on 10 June 2009. I doubt
               the bona fides of the defendant as to the initiation and prosecution of
               any appeal;


       b)   
  More significantly, the plaintiff's counsel has advised the Court in a
               memorandum that the judgment has now been
executed and the
               plaintiff took possession of the property 14 July 2009.            The
               defendant's
application is too late therefore in any event;


       c)      The defendant is bankrupt and any rights to appeal are vested in
the
               Official Assignee who has not indicated any interest in bringing an
               appeal.




_____________
J.P.
Doogue
Associate Judge