ANZ NATIONAL BANK LIMITED V BAGASRA & Anor HC AK CIV-2012-404-0306

ANZ NATIONAL BANK LIMITED V BAGASRA & Anor HC AK CIV-2012-404-0306

The court refused the debtor's application for a further adjournment, proceeded to make orders of adjudication in favour of the judgment creditor, fixed disbursements and costs in each case at $2,989.52, but permitted the orders to lie in court until 1 p.m. on 18 June 2012 to allow the debtor a short opportunity to make arrangements.

Citation
openlaw-372d78cf_cdb0_4f7e_b5dd_a5db6cfd970b.pdf
Parties
Judgment Creditor: ANZ National Bank Limited; Judgment Debtor: Mustan Bagasra; Judgment Debtor: Fehmida Bagasra
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 June 2012
Procedural Posture
Adjudication Under the Insolvency Act 2006 / Judgment and Orders Made (hearing of Adjournment Application)
Outcome
Orders of adjudication granted for ANZ National Bank Limited against Mustan and Fehmida Bagasra; further adjournment refused; costs and disbursements fixed; orders to lie in court until 1 p.m. on 18 June 2012.
Legal Topics
Adjudication, Adjournment, Costs and Disbursements, Orders Lying in Court
Insolvency Law Civil Procedure Judgment Enforcement Adjudication Adjournment Costs and Disbursements Orders Lying in Court

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Parties

ANZ National Bank Limited

Judgment Creditor

Mustan Bagasra

Judgment Debtor

Fehmida Bagasra

Judgment Debtor

Procedural Posture

Adjudication Under the Insolvency Act 2006 / Judgment and Orders Made (hearing of Adjournment Application)

Legal Issues

  1. 1 Whether to grant a further adjournment of adjudication hearings
  2. 2 Whether to proceed to make orders of adjudication against the debtors
  3. 3 Fixing costs and disbursements and whether to allow orders to lie in court temporarily

Ratio Decidendi

The court refused the debtor's application for a further adjournment, proceeded to make orders of adjudication in favour of the judgment creditor, fixed disbursements and costs in each case at $2,989.52, but permitted the orders to lie in court until 1 p.m. on 18 June 2012 to allow the debtor a short opportunity to make arrangements.

Court Disposition

Orders of adjudication granted for ANZ National Bank Limited against Mustan and Fehmida Bagasra; further adjournment refused; costs and disbursements fixed; orders to lie in court until 1 p.m. on 18 June 2012.

Orders

  • Orders of adjudication made in each case
  • Disbursements and costs in each case fixed at $2,989.52