BEAUMONT FAMILY TRUST V ARMSTRONG HC TAU CIV-2011-470-807

BEAUMONT FAMILY TRUST V ARMSTRONG HC TAU CIV-2011-470-807

The debtor's notice of opposition was struck out because it failed to disclose proper grounds of opposition and was not supported by the affidavit required by High Court Rule 24.18; absent a supported application to set aside the judgment or bankruptcy notice, the creditor established the matters necessary for an adjudication order and the order was made.

Citation
openlaw-93cf8af3_12e8_476c_8b14_c329c97aa8d2.pdf
Parties
Judgment Creditor: Beaumont Family Trust; Judgment Debtor: Lincoln Shane Douglas Armstrong
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 April 2012
Procedural Posture
Bankruptcy Proceedings Application for Adjudication Order / Hearing on Adjudication Order Following Notice of Opposition (oral Judgment)
Outcome
Notice of opposition struck out; adjudication order made in favour of Beaumont Family Trust in CIV-2011-470-807; costs awarded to creditor on a 2B basis with disbursements fixed by the Registrar; identical costs order in CIV-2011-470-786.
Legal Topics
Adjudication Order, Notice of Opposition, High Court Rules Compliance, Registry Jurisdiction, Costs
Bankruptcy Insolvency Civil Procedure Adjudication Order Notice of Opposition High Court Rules Compliance Registry Jurisdiction Costs

Case Brief

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Parties

Beaumont Family Trust

Judgment Creditor

Lincoln Shane Douglas Armstrong

Judgment Debtor

Procedural Posture

Bankruptcy Proceedings Application for Adjudication Order / Hearing on Adjudication Order Following Notice of Opposition (oral Judgment)

Legal Issues

  1. 1 Whether the debtor's notice of opposition disclosed proper grounds of opposition
  2. 2 Whether the notice of opposition was supported by the required affidavit under High Court Rules
  3. 3 Whether an adjournment should be granted to enable the debtor to file an affidavit and raise defences

Ratio Decidendi

The debtor's notice of opposition was struck out because it failed to disclose proper grounds of opposition and was not supported by the affidavit required by High Court Rule 24.18; absent a supported application to set aside the judgment or bankruptcy notice, the creditor established the matters necessary for an adjudication order and the order was made.

Court Disposition

Notice of opposition struck out; adjudication order made in favour of Beaumont Family Trust in CIV-2011-470-807; costs awarded to creditor on a 2B basis with disbursements fixed by the Registrar; identical costs order in CIV-2011-470-786.

Orders

  • Notice of opposition struck out for failing to disclose grounds and lacking affidavit
  • Adjudication order made in proceeding CIV-2011-470-807 (order made at 10:30 a.m.)