CAPRICORN SOCIETY LIMITED V A O'HANLON HC NWP CIV 2007-443-000560

CAPRICORN SOCIETY LIMITED V A O'HANLON HC NWP CIV 2007-443-000560

The debtor had not taken the required steps to set aside or stay the District Court judgment, failed to file timely opposition or produce satisfactory evidence of payments, and therefore the creditor was entitled to adjudication for bankruptcy.

Citation
openlaw-821aeeb6_c0c5_43bb_860b_ec3175789138.pdf
Parties
Creditor: Capricorn Society Limited; Debtor: Anthony O'Hanlon
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 May 2008
Procedural Posture
Adjudication on Bankruptcy Notice (insolvency Act 1967) / Hearing and Adjudication
Outcome
Debtor adjudicated bankrupt
Legal Topics
Adjudication, Bankruptcy Notice, Set Aside Judgment, Adjournment, Costs
Insolvency Bankruptcy Civil Procedure Adjudication Bankruptcy Notice Set Aside Judgment Adjournment Costs

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Parties

Capricorn Society Limited

Creditor

Anthony O'Hanlon

Debtor

Procedural Posture

Adjudication on Bankruptcy Notice (insolvency Act 1967) / Hearing and Adjudication

Legal Issues

  1. 1 Whether debtor should be adjudicated bankrupt for failure to comply with a bankruptcy notice
  2. 2 Whether the hearing should be adjourned pending an application to set aside the underlying District Court judgment
  3. 3 Whether the debtor produced satisfactory evidence of payments alleged to have been made before judgment

Ratio Decidendi

The debtor had not taken the required steps to set aside or stay the District Court judgment, failed to file timely opposition or produce satisfactory evidence of payments, and therefore the creditor was entitled to adjudication for bankruptcy.

Court Disposition

Debtor adjudicated bankrupt

Orders

  • Adjudicate Anthony O'Hanlon bankrupt timed at 10.45am
  • Debtor to pay the creditor costs of and incidental to this application on a 2B basis together with disbursements as fixed by the Registrar