BARFOOT & THOMPSON LIMITED V DORBU HC AK CIV 2009-404-007639

BARFOOT & THOMPSON LIMITED V DORBU HC AK CIV 2009-404-007639

Barfoot was entitled to an adjudication order because it held unsatisfied judgments and the debtor failed to comply with a bankruptcy notice; the debtor's grounds for stay, adjournment or judicial recusal lacked merit given delay, failure to prosecute earlier remedies, and adverse Court of Appeal findings, and the court would not exercise its discretion under s 37 to withhold adjudication.

Citation
openlaw-031d8f2f_2202_401f_b2bc_6de5da38d00c.pdf
Parties
Judgment Creditor: Barfoot & Thompson Limited; Judgment Debtor: John Evans Dorbu
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 June 2010
Procedural Posture
Bankruptcy Adjudication Under Insolvency Act 2006 / Hearing and Judgment (application for Adjudication; Applications for Stay/adjournment and Recusal)
Outcome
Adjudicated bankrupt
Legal Topics
Adjudication Order, Bankruptcy Notice, Stay/adjournment, Recusal, Costs, Leave to File Out of Time
Insolvency Law Civil Procedure Bankruptcy Adjudication Order Bankruptcy Notice Stay/adjournment Recusal Costs +1 more

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Parties

Barfoot & Thompson Limited

Judgment Creditor

John Evans Dorbu

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Under Insolvency Act 2006 / Hearing and Judgment (application for Adjudication; Applications for Stay/adjournment and Recusal)

Legal Issues

  1. 1 Whether the court should adjourn or stay the adjudication pending appeal or District Court applications
  2. 2 Whether Associate Judge Abbott should recuse himself
  3. 3 Whether leave should be granted to file notice of opposition out of time

Ratio Decidendi

Barfoot was entitled to an adjudication order because it held unsatisfied judgments and the debtor failed to comply with a bankruptcy notice; the debtor's grounds for stay, adjournment or judicial recusal lacked merit given delay, failure to prosecute earlier remedies, and adverse Court of Appeal findings, and the court would not exercise its discretion under s 37 to withhold adjudication.

Court Disposition

Adjudicated bankrupt

Orders

  • Order adjudicating John Evans Dorbu bankrupt (timed at 2:00pm)
  • Application for stay or further adjournment declined