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Silkwood Investments Ltd t/a Southland Vehicle Sales v Peterson [2017] NZDC 16714

Published 28 February 2018

Review of the registrar's decision — miscarriage of justice — District Court Rules 2014, r 15.7 — Credit Contracts and Consumer Finance Act 2003. The judgment creditor filed a memorandum of costs seeking that a judgment be sealed. The registrar authorised the sealing of the judgment but did not allow solicitors fees and costs. The judgment creditor made an application for review of the registrars decision. The court discussed the Credit Contracts and Consumer Finance Act 2003 and found that the only way the judgment creditor could remedy the default was by issuing legal proceedings and that the registrar erred by not awarding solicitor's fees and costs. The court noted that the judgment was able to be varied by the court in order to prevent a miscarriage of justice. The court allowed the review of the Registrar's decision and awarded the sought costs to the judgment creditor.

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