LIMMER & ANOR V CRIBB HC HAM CIV 2008-419-000748

LIMMER & ANOR V CRIBB HC HAM CIV 2008-419-000748

Jurisdictional requirements under ss13 and 36 were established; exercising discretion under s37, the Court granted a limited adjournment because the debtor presented a specific, time‑limited proposal to pay the creditor and there were no other creditors opposing; adjournment was conditional and the adjudication will proceed unopposed if payment is not made by the adjourned date.

Citation
openlaw-2745a90d_c1d6_4e71_8d6b_66c6a1ba9e75.pdf
Parties
Judgment Creditor: Alan Sedgwick Limmer; Judgment Creditor: Nina Agnes Limmer; Judgment Debtor: Robert Clifford Hoani Cribb
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 April 2009
Procedural Posture
Adjudication Application Under the Insolvency Act 2006 / Hearing (adjourned)
Outcome
Application for adjudication adjourned to 10am on 18 May 2009; will proceed unopposed if specified payment not made by that date
Legal Topics
Adjudication Order, Bankruptcy Notice, Adjournment, Public Interest in Bankruptcy
Insolvency Law Bankruptcy Adjudication Order Bankruptcy Notice Adjournment Public Interest in Bankruptcy

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Parties

Alan Sedgwick Limmer

Judgment Creditor

Nina Agnes Limmer

Judgment Creditor

Robert Clifford Hoani Cribb

Judgment Debtor

Procedural Posture

Adjudication Application Under the Insolvency Act 2006 / Hearing (adjourned)

Legal Issues

  1. 1 Whether jurisdictional requirements under s13 and s36 of the Insolvency Act 2006 are established
  2. 2 Whether the Court should exercise its discretion under s37 to refuse or grant adjudication
  3. 3 Whether the debtor can pay the debt within a reasonable time and thus avoid adjudication

Ratio Decidendi

Jurisdictional requirements under ss13 and 36 were established; exercising discretion under s37, the Court granted a limited adjournment because the debtor presented a specific, time‑limited proposal to pay the creditor and there were no other creditors opposing; adjournment was conditional and the adjudication will proceed unopposed if payment is not made by the adjourned date.

Court Disposition

Application for adjudication adjourned to 10am on 18 May 2009; will proceed unopposed if specified payment not made by that date

Orders

  • Application adjourned to bankruptcy list at 10am on 18 May 2009
  • Adjournment conditional: if payment not made by that date the application will proceed on an unopposed basis