BANK OF NEW ZEALAND v ATHANASIOS KORONIADIS [2015] NZHC 1973

BANK OF NEW ZEALAND v ATHANASIOS KORONIADIS [2015] NZHC 1973

Because substituted service was properly effected, Wellington was the correct registry, the Bank proved an outstanding judgment debt of $454,358.06, and there were no credible or prejudicial grounds (including pending or proposed appeals or subsequent payments) to delay or transfer the proceeding, the Court was obliged to make the adjudication order and adjudicate the debtor bankrupt.

Citation
[2015] NZHC 1973
Parties
Judgment Creditor: Bank of New Zealand; Judgment Debtor: Athanasios Koroniadis
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 August 2015
Procedural Posture
Adjudication for Bankruptcy Under the Insolvency Act 2006 / Final Hearing and Adjudication Order Made
Outcome
Order adjudicating Athanasios Koroniadis bankrupt
Legal Topics
Adjudication Order, Bankruptcy Notice, Service and Substituted Service, Venue/registry Transfer, Stay Pending Appeal, Costs
Insolvency Bankruptcy Civil Procedure Adjudication Order Bankruptcy Notice Service and Substituted Service Venue/registry Transfer Stay Pending Appeal +1 more

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Parties

Bank of New Zealand

Judgment Creditor

Athanasios Koroniadis

Judgment Debtor

Procedural Posture

Adjudication for Bankruptcy Under the Insolvency Act 2006 / Final Hearing and Adjudication Order Made

Legal Issues

  1. 1 Whether the judgment debtor had been validly served
  2. 2 Whether the proceeding should be transferred to the Hamilton registry
  3. 3 Whether an adjudication should be stayed pending further appeal to the Supreme Court

Ratio Decidendi

Because substituted service was properly effected, Wellington was the correct registry, the Bank proved an outstanding judgment debt of $454,358.06, and there were no credible or prejudicial grounds (including pending or proposed appeals or subsequent payments) to delay or transfer the proceeding, the Court was obliged to make the adjudication order and adjudicate the debtor bankrupt.

Court Disposition

Order adjudicating Athanasios Koroniadis bankrupt

Orders

  • Order adjudicating Athanasios Koroniadis bankrupt
  • Application to transfer the proceeding to the Hamilton registry refused