WHITE ISLAND TOURS LTD v WISLANG [2021] NZHC 1386

WHITE ISLAND TOURS LTD v WISLANG [2021] NZHC 1386

The court found the s13 jurisdictional requirements were satisfied (debt of $62,240.50, act of bankruptcy, certainty and payable), there was no operative appeal or stay under s42, the debtor failed to demonstrate ability to pay or any compelling reason under s37 to refuse adjudication, and adjudication was necessary to permit investigation and protect creditor and public interests; accordingly an adjudication order was made.

Citation
[2021] NZHC 1386
Parties
Judgment Creditor: White Island Tours Limited; Judgment Debtor: Miles Roger Wislang
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 June 2021
Procedural Posture
Creditor's Application for Adjudication Under the Insolvency Act 2006 / Hearing and Judgment on Adjudication and Stay Applications
Outcome
Creditor's application granted; debtor adjudicated bankrupt; debtor's stay application dismissed
Legal Topics
Adjudication Order, Bankruptcy Notice, Stay Application, Costs, Appeal, Creditor Enforcement
Insolvency Law Bankruptcy Civil Procedure Adjudication Order Bankruptcy Notice Stay Application Costs Appeal +1 more

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Parties

White Island Tours Limited

Judgment Creditor

Miles Roger Wislang

Judgment Debtor

Procedural Posture

Creditor's Application for Adjudication Under the Insolvency Act 2006 / Hearing and Judgment on Adjudication and Stay Applications

Legal Issues

  1. 1 Whether the s13 jurisdictional requirements for adjudication are met
  2. 2 Whether the Court should exercise its discretion under s37 to refuse adjudication
  3. 3 Whether s42 halts the application because of an appeal

Ratio Decidendi

The court found the s13 jurisdictional requirements were satisfied (debt of $62,240.50, act of bankruptcy, certainty and payable), there was no operative appeal or stay under s42, the debtor failed to demonstrate ability to pay or any compelling reason under s37 to refuse adjudication, and adjudication was necessary to permit investigation and protect creditor and public interests; accordingly an adjudication order was made.

Court Disposition

Creditor's application granted; debtor adjudicated bankrupt; debtor's stay application dismissed

Orders

  • Order under s13 Insolvency Act 2006 adjudicating Miles Roger Wislang bankrupt, timed at 4.00 pm on 11 June 2021
  • Application for stay dismissed