It is a mark of how major retail banks no longer provide general banking services; the High Court accepted a screenshot of online currency exchange rates as evidence when translating a UK court judgment into NZD. Previously judges required a bank certificate as authorative evidence; now not available as retail banks no longer buy and sell foreign currency.
Saxon’s Estate Agency is chasing Paul Clarke around the world for fees claimed on the June 2021 sale of his family home at Weston-super-Mare in England. The High Court was told he now lives in New Zealand, at Geraldine.
Mr Clarke did not defend Saxon’s claim in the UK courts for agency fees of GPB 5760.
The real estate commission charged Mr Clarke is 1.5 per cent of the sale price.
With legal fees and interest added, Saxon’s is pursuing Mr Clarke for GBP 7378.
To recover this amount in New Zealand, Saxon’s applied under the Reciprocal Enforcement of Judgments Act to have the UK court order registered as a judgment of the New Zealand High Court, then becoming enforceable through New Zealand courts.
Part of this process requires evidence of the NZD equivalent of the overseas court judgment as at date of registration in New Zealand.
Learning that no bank certificate was available, Justice Preston accepted the conversion rate displayed from an online enquiry at www.poundsterlinglive.com/history.
This calculation holds Mr Clarke liable to pay $15,347.
Rosemount Front Ltd v. Clarke – High Court (9.08.24)
24.188