CJ NEWPORT V RD IRVIN HC WN CIV-2008-483-277

CJ NEWPORT V RD IRVIN HC WN CIV-2008-483-277

The judgment debtor had an outstanding, uncertified District Court judgment that remained unpaid, had committed an act of bankruptcy and had not appealed or applied to set aside that judgment despite opportunity; accordingly the court was obliged to order adjudication of bankruptcy.

Citation
openlaw-05b853ad_e442_4c7c_8d0e_8f0409010153.pdf
Parties
Judgment Creditor: Carol Jean Newport; Judgment Debtor: Richard Dominic Irvin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 July 2009
Procedural Posture
Bankruptcy Adjudication Under the Insolvency Act 1967 / Hearing on Application for Adjudication
Outcome
Order for adjudication made against Richard Dominic Irvin; costs awarded to judgment creditor on a 2B basis plus disbursements.
Legal Topics
Adjudication, Bankruptcy Notice, Set Aside Judgment, Acts of Bankruptcy, Costs
Insolvency Bankruptcy Civil Procedure Adjudication Bankruptcy Notice Set Aside Judgment Acts of Bankruptcy Costs

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Parties

Carol Jean Newport

Judgment Creditor

Richard Dominic Irvin

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Under the Insolvency Act 1967 / Hearing on Application for Adjudication

Legal Issues

  1. 1 Whether the judgment debtor committed an act of bankruptcy
  2. 2 Whether the District Court judgment underlying the bankruptcy notice has been set aside or appealed
  3. 3 Whether adjudication should be made given the outstanding debt and absence of challenge

Ratio Decidendi

The judgment debtor had an outstanding, uncertified District Court judgment that remained unpaid, had committed an act of bankruptcy and had not appealed or applied to set aside that judgment despite opportunity; accordingly the court was obliged to order adjudication of bankruptcy.

Court Disposition

Order for adjudication made against Richard Dominic Irvin; costs awarded to judgment creditor on a 2B basis plus disbursements.

Orders

  • Order adjudicating Richard Dominic Irvin bankrupt
  • Costs awarded to the judgment creditor on a 2B basis together with disbursements as fixed by the Registrar