BANK OF NEW ZEALAND V D BOOTH HC WANG CIV 2009-483-0080

BANK OF NEW ZEALAND V D BOOTH HC WANG CIV 2009-483-0080

Rule 24.21 of the High Court Rules requires continuation of the bankruptcy application despite the debtor's death where service occurred before death; an available act of bankruptcy was established by failure to comply with the Bankruptcy Notice and the unopposed application therefore warranted an adjudication order adjudicating David Booth bankrupt.

Citation
openlaw-8758f0bb_d19c_4204_b0bb_ff83446df3e6.pdf
Parties
Judgment Creditor: Bank of New Zealand; Creditor in Support: Jarvia Company Limited; Judgment Debtor: David Booth
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 July 2009
Procedural Posture
Bankruptcy Application (adjudication) / Hearing / Oral Judgment (adjudication Order Made)
Outcome
Adjudication order made adjudicating David Booth bankrupt
Legal Topics
Adjudication, Death of Debtor, Bankruptcy Notice, Costs
Insolvency Law Bankruptcy Civil Procedure Adjudication Death of Debtor Bankruptcy Notice Costs

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Parties

Bank of New Zealand

Judgment Creditor

Jarvia Company Limited

Creditor in Support

David Booth

Judgment Debtor

Procedural Posture

Bankruptcy Application (adjudication) / Hearing / Oral Judgment (adjudication Order Made)

Legal Issues

  1. 1 Whether a bankruptcy application may continue after the debtor's death
  2. 2 Whether failure to comply with a Bankruptcy Notice constitutes an available act of bankruptcy
  3. 3 Whether an unopposed adjudication order should be made

Ratio Decidendi

Rule 24.21 of the High Court Rules requires continuation of the bankruptcy application despite the debtor's death where service occurred before death; an available act of bankruptcy was established by failure to comply with the Bankruptcy Notice and the unopposed application therefore warranted an adjudication order adjudicating David Booth bankrupt.

Court Disposition

Adjudication order made adjudicating David Booth bankrupt

Orders

  • Adjudicating the judgment debtor, David Booth, bankrupt
  • Costs awarded to the Bank of New Zealand and to Jarvia Company Limited on a category 2B basis together with disbursements as fixed by the Registrar