FUNG V WESTPAC NEW ZEALAND LIMITED HC AK CIV-2012-404-4805

FUNG V WESTPAC NEW ZEALAND LIMITED HC AK CIV-2012-404-4805

Because there was no extant appeal on the District Court judgment and the judgment debt remained unsatisfied, the Court was satisfied there was no reason to adjourn and an order of adjudication should be made in favor of the creditor.

Citation
openlaw-3e689d49_a177_4418_a095_52d2cc4ffba6.pdf
Parties
Judgment Debtor: Ronny Chee Heng Fung; Judgment Creditor: Westpac New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 October 2012
Procedural Posture
Bankruptcy / Adjudication Hearing
Outcome
Order of adjudication made in favor of the judgment creditor
Legal Topics
Adjudication, Bankruptcy Notice, Costs, Appeal/stay
Insolvency Bankruptcy Civil Procedure Adjudication Bankruptcy Notice Costs Appeal/stay

Case Brief

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Parties

Ronny Chee Heng Fung

Judgment Debtor

Westpac New Zealand Limited

Judgment Creditor

Procedural Posture

Bankruptcy / Adjudication Hearing

Legal Issues

  1. 1 Whether a bankruptcy adjudication order should be made when the underlying judgment remains unsatisfied
  2. 2 Whether an alleged appeal to the Court of Appeal, not on file, justifies adjournment or stays proceedings

Ratio Decidendi

Because there was no extant appeal on the District Court judgment and the judgment debt remained unsatisfied, the Court was satisfied there was no reason to adjourn and an order of adjudication should be made in favor of the creditor.

Court Disposition

Order of adjudication made in favor of the judgment creditor

Orders

  • Order of adjudication made
  • Creditor awarded costs on a 2B basis