COMMISSIONER OF INLAND REVENUE v ANDREW RICHARD BATE [2016] NZHC 1318

COMMISSIONER OF INLAND REVENUE v ANDREW RICHARD BATE [2016] NZHC 1318

The Court recalled the adjudication order of 31 May 2016 for the limited purpose of correcting a clerical transposition of the debtor's given names in the bankruptcy notice, ordered the notice be treated as reading the correct name (Andrew Richard Bate), dispensed with amendment and re-service, and left the...

Source-derived case information.

Citation
[2016] NZHC 1318
Parties
Judgment Creditor: Commissioner of Inland Revenue; Judgment Debtor: Andrew Richard Bate
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 June 2016
Procedural Posture
Adjudication Under Insolvency Act 2006 (bankruptcy) / Post Adjudication Correction (recall of Adjudication Order)
Outcome
Adjudication order of 31 May 2016 recalled for correction of transposed given names; bankruptcy notice corrected; amendment and re-service dispensed with; remainder of order stands.
Legal Topics
Adjudication, Correction of Court Record, Name Transposition
Insolvency Bankruptcy Civil Procedure Adjudication Correction of Court Record Name Transposition

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Parties

Commissioner of Inland Revenue

Judgment Creditor

Andrew Richard Bate

Judgment Debtor

Procedural Posture

Adjudication Under Insolvency Act 2006 (bankruptcy) / Post Adjudication Correction (recall of Adjudication Order)

Legal Issues

  1. 1 Whether a transposition of the debtor's given names in the bankruptcy notice invalidated the adjudication
  2. 2 Whether the Court should recall the adjudication order to correct the name on the bankruptcy notice
  3. 3 Whether amendment and re-service of the notice was required to remedy the defect

Ratio Decidendi

The Court recalled the adjudication order of 31 May 2016 for the limited purpose of correcting a clerical transposition of the debtor's given names in the bankruptcy notice, ordered the notice be treated as reading the correct name (Andrew Richard Bate), dispensed with amendment and re-service, and left the adjudication otherwise intact timed at 10:20 am on 31 May 2016.

Court Disposition

Adjudication order of 31 May 2016 recalled for correction of transposed given names; bankruptcy notice corrected; amendment and re-service dispensed with; remainder of order stands.

Orders

  • Recall the judgment dated 31 May 2016 for the limited purpose of correcting the debtor's name.
  • Order that the defect in the bankruptcy notice whereby the judgment debtor is identified as "Richard Andrew Bate" is corrected so the notice shall be treated as having read "Andrew Richard Bate".