AM HERBERT, SV HERBERT, SL COTTLE AND RS COTTLE V CE BARBER HC PMN CIV-2011-454-113

AM HERBERT, SV HERBERT, SL COTTLE AND RS COTTLE V CE BARBER HC PMN CIV-2011-454-113

The Registrar's sealing of Mallon J's costs judgment was not a reviewable decision; the creditors established the s13 requirements, the debtor admitted insolvency and committed an act of bankruptcy within the required period, no valid defences or just and equitable grounds to refuse adjudication existed, and therefore the court adjudicated the debtor bankrupt under the Insolvency Act 2006.

Citation
openlaw-511aba40_0962_4055_8ac1_3ba6883c4dcd.pdf
Parties
Judgment Creditor: Alan Mervyn Herbert; Judgment Creditor: Susan Vilora Herbert; Judgment Creditor: Suzanne Lynne Cottle; Judgment Creditor: Robin Stewart Cottle; Judgment Debtor: Christine Elizabeth Barber
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 November 2011
Procedural Posture
Bankruptcy Adjudication / Judgment (hearing and Decision)
Outcome
Judgment debtor adjudicated bankrupt
Legal Topics
Adjudication Order, Bankruptcy Notice, Costs Order, Set Off, Substituted Service, Act of Bankruptcy
Insolvency Law Bankruptcy Civil Procedure Adjudication Order Bankruptcy Notice Costs Order Set Off Substituted Service +1 more

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Parties

Alan Mervyn Herbert

Judgment Creditor

Susan Vilora Herbert

Judgment Creditor

Suzanne Lynne Cottle

Judgment Creditor

Robin Stewart Cottle

Judgment Creditor

Christine Elizabeth Barber

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication / Judgment (hearing and Decision)

Legal Issues

  1. 1 Whether the Registrar's sealing of the earlier judgment was a reviewable decision
  2. 2 Whether the requirements for adjudication under s13 Insolvency Act 2006 were met
  3. 3 Whether the judgment debtor committed an act of bankruptcy within s16

Ratio Decidendi

The Registrar's sealing of Mallon J's costs judgment was not a reviewable decision; the creditors established the s13 requirements, the debtor admitted insolvency and committed an act of bankruptcy within the required period, no valid defences or just and equitable grounds to refuse adjudication existed, and therefore the court adjudicated the debtor bankrupt under the Insolvency Act 2006.

Court Disposition

Judgment debtor adjudicated bankrupt

Orders

  • Christine Elizabeth Barber is adjudicated bankrupt (order timed 21 November 2011 at 4:00 pm)
  • Costs awarded to the judgment creditors on a category 2B basis together with disbursements as fixed by the Registrar