A S RUOCCO(BANKRUPTCY) HC WN CIV-2007-485-5

A S RUOCCO(BANKRUPTCY) HC WN CIV-2007-485-5

The court annulled the bankruptcy order made earlier the same day under s119(1)(a) of the Insolvency Act 1967 to give the judgment debtor one final opportunity to resolve disputed and undisputed debts through negotiation and time payment arrangements, and adjourned the proceeding to a single final call date.

Citation
openlaw-2f59a5f8_a29e_4084_962d_6362f70b18ca.pdf
Parties
Judgment Debtor: Antonino Salvatore Ruocco; Judgment Creditor: Judgment Creditor
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 May 2007
Procedural Posture
Bankruptcy Petition Under Insolvency Act 1967 / Hearing on Petition; Adjudication Made Then Annulled and Matter Adjourned
Outcome
Bankruptcy order annulled and proceeding adjourned to a final call
Legal Topics
Adjudication, Annulment of Bankruptcy Order, Adjournment, Time to Pay Arrangements
Insolvency Bankruptcy Civil Procedure Adjudication Annulment of Bankruptcy Order Adjournment Time to Pay Arrangements

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Parties

Antonino Salvatore Ruocco

Judgment Debtor

Judgment Creditor

Judgment Creditor

Procedural Posture

Bankruptcy Petition Under Insolvency Act 1967 / Hearing on Petition; Adjudication Made Then Annulled and Matter Adjourned

Legal Issues

  1. 1 Whether the bankruptcy order should stand despite the debtor's presence and opposition
  2. 2 Whether to exercise s119(1)(a) to annul the bankruptcy order and grant a final adjournment
  3. 3 Whether to allow the debtor an opportunity to negotiate time payment arrangements for disputed and undisputed debts

Ratio Decidendi

The court annulled the bankruptcy order made earlier the same day under s119(1)(a) of the Insolvency Act 1967 to give the judgment debtor one final opportunity to resolve disputed and undisputed debts through negotiation and time payment arrangements, and adjourned the proceeding to a single final call date.

Court Disposition

Bankruptcy order annulled and proceeding adjourned to a final call

Orders

  • Bankruptcy order made at 10:14am on 21 May 2007 is annulled pursuant to s119(1)(a) Insolvency Act 1967
  • Proceeding adjourned to be called at 10:00am on 25 June 2007 as a final adjournment