FLEMING AND MURRAY V ROKOS HC AK CIV 2010-404-006590

FLEMING AND MURRAY V ROKOS HC AK CIV 2010-404-006590

Debtor was not granted leave to file opposition out of time because there was no adequate explanation for delay beyond reliance on a Law Society complaint, the trustees had established the statutory requirements for adjudication and the debtor had not paid or set aside the bankruptcy notice; accordingly the court...

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Citation
openlaw-5e6e0088_f2c7_4f17_a618_dc310a49b736.pdf
Parties
Judgment Creditor (trustee): Pippa Jane Fleming; Judgment Creditor (trustee): David Neil Murray; Judgment Debtor: Patrik Rokos
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 May 2011
Procedural Posture
Bankruptcy Adjudication Under Insolvency Act 2006 / Hearing and Adjudication Decision
Outcome
Order adjudicating Patrik Rokos bankrupt made
Legal Topics
Adjudication Order, Bankruptcy Notice, Caveat, Costs
Insolvency Bankruptcy Property Adjudication Order Bankruptcy Notice Caveat Costs

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Parties

Pippa Jane Fleming

Judgment Creditor (trustee)

David Neil Murray

Judgment Creditor (trustee)

Patrik Rokos

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Under Insolvency Act 2006 / Hearing and Adjudication Decision

Legal Issues

  1. 1 Whether leave should be granted to file opposition out of time
  2. 2 Whether the statutory requirements for adjudication under s13 were established
  3. 3 Allegation that judgment and affidavits contained false or fabricated documents

Ratio Decidendi

Debtor was not granted leave to file opposition out of time because there was no adequate explanation for delay beyond reliance on a Law Society complaint, the trustees had established the statutory requirements for adjudication and the debtor had not paid or set aside the bankruptcy notice; accordingly the court exercised its discretion to adjudicate the debtor bankrupt and to award costs to the trustees.

Court Disposition

Order adjudicating Patrik Rokos bankrupt made

Orders

  • Adjudicate Patrik Rokos bankrupt (order made 16 May 2011 at 11:37am)
  • Judgment debtor to pay costs to judgment creditors on a scale 2B basis of $3,384