INDIANA PUBLICATIONS (NZ) LTD V PRASAD HC AK CIV 2010-404-003333

INDIANA PUBLICATIONS (NZ) LTD V PRASAD HC AK CIV 2010-404-003333

The recall application was dismissed because it sought to relitigate matters already decided and did not fall within permitted grounds for recall; the debtor had opportunity to pay the declared debt and failed to do so, therefore there was no barrier to adjudicating the debtor bankrupt under the Insolvency Act 2006.

Citation
openlaw-d6b6c248_fa1b_4bb2_b851_77fc871d3b95.pdf
Parties
Judgment Creditor: Indiana Publications (NZ) Limited; Judgment Debtor: Rajendra Prasad
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 November 2010
Procedural Posture
Insolvency Adjudication (section 13 Insolvency Act 2006) / Hearing on Application to Recall Judgment and Adjudication Order
Outcome
Application to recall dismissed; Rajendra Prasad adjudicated bankrupt; costs awarded to judgment creditor.
Legal Topics
Application to Recall Judgment, Order of Adjudication (bankruptcy), Costs
Insolvency Bankruptcy Civil Procedure Application to Recall Judgment Order of Adjudication (bankruptcy) Costs

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Parties

Indiana Publications (NZ) Limited

Judgment Creditor

Rajendra Prasad

Judgment Debtor

Procedural Posture

Insolvency Adjudication (section 13 Insolvency Act 2006) / Hearing on Application to Recall Judgment and Adjudication Order

Legal Issues

  1. 1 Whether the application to recall the earlier judgment should be granted
  2. 2 Whether the judgment debtor should be adjudicated bankrupt under s 13 Insolvency Act 2006
  3. 3 Whether the judgment debtor had been afforded the opportunity to pay the judgment debt and failed to do so

Ratio Decidendi

The recall application was dismissed because it sought to relitigate matters already decided and did not fall within permitted grounds for recall; the debtor had opportunity to pay the declared debt and failed to do so, therefore there was no barrier to adjudicating the debtor bankrupt under the Insolvency Act 2006.

Court Disposition

Application to recall dismissed; Rajendra Prasad adjudicated bankrupt; costs awarded to judgment creditor.

Orders

  • Application to recall judgment dismissed
  • Order adjudicating Rajendra Prasad a bankrupt