SLAVICH V SLAVICH HC AK CIV-2012-419-112

SLAVICH V SLAVICH HC AK CIV-2012-419-112

Jurisdictional requirements under Insolvency Act 2006 ss 13 and 36 were satisfied; the debtor failed to pay or provide ordered security and did not establish any cogent reason under s37 to refuse adjudication (pending appeals and recall do not prevent adjudication absent payment into court), therefore the Court exercised its discretion to adjudicate the debtor bankrupt.

Citation
openlaw-bfce95d1_944a_4c1f_86af_3723d85f506e.pdf
Parties
Judgment Creditor: Allison Slavich; Judgment Debtor: John Kenneth Slavich
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 June 2012
Procedural Posture
Application for Adjudication Under the Insolvency Act 2006 / Hearing and Oral Judgment (application for Adjudication Order)
Outcome
John Kenneth Slavich adjudicated bankrupt
Legal Topics
Adjudication Order, Bankruptcy Notice, Act of Bankruptcy, Stay Pending Appeal, Strike Out/recall of Judgment, Costs
Insolvency Law Bankruptcy Civil Procedure Costs Law Adjudication Order Bankruptcy Notice Act of Bankruptcy Stay Pending Appeal +2 more

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Parties

Allison Slavich

Judgment Creditor

John Kenneth Slavich

Judgment Debtor

Procedural Posture

Application for Adjudication Under the Insolvency Act 2006 / Hearing and Oral Judgment (application for Adjudication Order)

Legal Issues

  1. 1 Whether jurisdictional requirements of Insolvency Act 2006 s13 and s36 are met
  2. 2 Whether the Court should exercise its discretion under s37 to refuse adjudication
  3. 3 Whether pending recall/appeal negates making an adjudication order

Ratio Decidendi

Jurisdictional requirements under Insolvency Act 2006 ss 13 and 36 were satisfied; the debtor failed to pay or provide ordered security and did not establish any cogent reason under s37 to refuse adjudication (pending appeals and recall do not prevent adjudication absent payment into court), therefore the Court exercised its discretion to adjudicate the debtor bankrupt.

Court Disposition

John Kenneth Slavich adjudicated bankrupt

Orders

  • Order adjudicating John Kenneth Slavich bankrupt (adjudication timed at 10:35am on 29 June 2012)
  • Order that the debtor's estate pay costs on Category 2 Band B together with disbursements as fixed by the Registrar