SKELTON V JONES HC HAM CIV 2006-419-748

SKELTON V JONES HC HAM CIV 2006-419-748

Although jurisdictional requirements under s23 were met, the court exercised its discretion under s26 to grant a single adjournment on strict terms to limit prejudice to the creditor: the debtor must file a notice of opposition and affidavit by 13 August 2007 and the matter is to be called on 27 August 2007.

Citation
openlaw-dfed0432_abb7_4da5_81ae_d46c437043df.pdf
Parties
Judgment Debtor: Kay Halton Skelton; Judgment Creditor: Christopher Dean Jones
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 August 2007
Procedural Posture
Bankruptcy Petition (adjudication) / First Call; Adjourned to Bankruptcy List 27 August 2007
Outcome
Adjourned to bankruptcy list 10:00am 27 August 2007 on conditions; costs reserved.
Legal Topics
Adjudication Under S26, Stay Pending Appeal, Substituted Service, Security for Judgment Debt, Adjournment on Terms
Insolvency Bankruptcy Civil Procedure Adjudication Under S26 Stay Pending Appeal Substituted Service Security for Judgment Debt Adjournment on Terms

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Parties

Kay Halton Skelton

Judgment Debtor

Christopher Dean Jones

Judgment Creditor

Procedural Posture

Bankruptcy Petition (adjudication) / First Call; Adjourned to Bankruptcy List 27 August 2007

Legal Issues

  1. 1 Whether jurisdictional requirements under s23 of the Insolvency Act 1967 are met
  2. 2 Whether the court should exercise its discretion under s26 to refuse or adjourn adjudication
  3. 3 Whether delay should be permitted pending an appeal or secured by payment/security to protect the creditor

Ratio Decidendi

Although jurisdictional requirements under s23 were met, the court exercised its discretion under s26 to grant a single adjournment on strict terms to limit prejudice to the creditor: the debtor must file a notice of opposition and affidavit by 13 August 2007 and the matter is to be called on 27 August 2007.

Court Disposition

Adjourned to bankruptcy list 10:00am 27 August 2007 on conditions; costs reserved.

Orders

  • Adjourned to bankruptcy list at 10:00am on 27 August 2007
  • Debtor to file a notice of opposition and an affidavit in opposition no later than 13 August 2007