KIWIBANK LIMITED V HA HC AK CIV-2012-404-1082

KIWIBANK LIMITED V HA HC AK CIV-2012-404-1082

Jurisdictional requirements under ss 13 and 36 of the Insolvency Act 2006 were established and, in the exercise of discretion under s 37, the Court declined to adjourn or refuse adjudication because protecting assets and the public interest outweighed the debtor's request to attempt a new proposal; accordingly the debtor was adjudicated bankrupt.

Citation
openlaw-86992c28_291b_478c_8e6b_c85ec49517f2.pdf
Parties
Judgment Creditor: Kiwibank Limited; Judgment Debtor: Duong Hai Ha
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 August 2012
Procedural Posture
Bankruptcy / Application for Adjudication (hearing)
Outcome
Duong Hai Ha adjudicated bankrupt
Legal Topics
Adjudication, Act of Bankruptcy, Adjournment to Propose to Creditors, Proposals Under Part 5 Subpart 2, Costs
Insolvency Bankruptcy Commercial Law Adjudication Act of Bankruptcy Adjournment to Propose to Creditors Proposals Under Part 5 Subpart 2 Costs

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Parties

Kiwibank Limited

Judgment Creditor

Duong Hai Ha

Judgment Debtor

Procedural Posture

Bankruptcy / Application for Adjudication (hearing)

Legal Issues

  1. 1 Whether jurisdictional requirements under ss 13 and 36 of the Insolvency Act 2006 are met
  2. 2 Whether the Court should exercise its discretion under s 37 to refuse adjudication
  3. 3 Whether an adjournment should be granted to permit the debtor to present a new proposal to creditors

Ratio Decidendi

Jurisdictional requirements under ss 13 and 36 of the Insolvency Act 2006 were established and, in the exercise of discretion under s 37, the Court declined to adjourn or refuse adjudication because protecting assets and the public interest outweighed the debtor's request to attempt a new proposal; accordingly the debtor was adjudicated bankrupt.

Court Disposition

Duong Hai Ha adjudicated bankrupt

Orders

  • Duong Hai Ha adjudicated bankrupt (order timed at 10:26)
  • Costs awarded to the judgment creditor and supporting creditors on Category 2 Band B together with disbursements as fixed by the Registrar