GROSVENOR FINANCIAL SERVICES GROUP LIMITED v TAPP [2013] NZHC 2105

GROSVENOR FINANCIAL SERVICES GROUP LIMITED v TAPP [2013] NZHC 2105

The jurisdictional requirements of Insolvency Act 2006 s 13 were established (judgment debt, act of bankruptcy, certainty and payable debt) and no sufficiently founded or evidenced cross-claim or other factor was shown to justify the exercise of discretion under s 37 to refuse adjudication; accordingly the Court adjudicated the debtor bankrupt.

Citation
[2013] NZHC 2105
Parties
Judgment Creditor: Grosvenor Financial Services Group Limited; Judgment Debtor: Robert George Tapp
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 August 2013
Procedural Posture
Bankruptcy Adjudication Application / Hearing on Application for Adjudication Order (oral Judgment)
Outcome
Adjudicated bankrupt
Legal Topics
Adjudication Order, Bankruptcy Notice, Act of Bankruptcy, Judicial Discretion Under S 37
Insolvency Law Bankruptcy Civil Procedure Adjudication Order Bankruptcy Notice Act of Bankruptcy Judicial Discretion Under S 37

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Grosvenor Financial Services Group Limited

Judgment Creditor

Robert George Tapp

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Application / Hearing on Application for Adjudication Order (oral Judgment)

Legal Issues

  1. 1 Whether jurisdictional requirements under Insolvency Act 2006 s 13 and s 36 are satisfied
  2. 2 Whether the Court should exercise its discretion under s 37 to refuse adjudication
  3. 3 Whether alleged cross-claims against receivers/agents justify withholding adjudication

Ratio Decidendi

The jurisdictional requirements of Insolvency Act 2006 s 13 were established (judgment debt, act of bankruptcy, certainty and payable debt) and no sufficiently founded or evidenced cross-claim or other factor was shown to justify the exercise of discretion under s 37 to refuse adjudication; accordingly the Court adjudicated the debtor bankrupt.

Court Disposition

Adjudicated bankrupt

Orders

  • Robert George Tapp adjudicated a bankrupt (order made at 10:55am on 19 August 2013)
  • Fixture for 18 September 2013 vacated