COLEMAN v KNAPP [2020] NZHC 3055

COLEMAN v KNAPP [2020] NZHC 3055

The Court held that the applicants met the requirements of Articles 15 and 17 because the English bankruptcy proceedings fell within the Act's definition of a foreign proceeding, the applicants were duly appointed foreign representatives and certified supporting documents were provided and presumed authentic under...

Source-derived case information.

Citation
[2020] NZHC 3055
Parties
Applicant (trustee in Bankruptcy of Fiona Rose Knapp and Michael Garrick Pearce): Lucinda Clare Coleman; Applicant (trustee in Bankruptcy of Fiona Rose Knapp and Michael Garrick Pearce): Stephen James Hobson; First Respondent (debtor): Fiona Rose Knapp; Second Respondent (debtor): Michael Garrick Pearce
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 November 2020
Procedural Posture
Originating Application Without Notice for Recognition of Foreign Main Proceedings Under the Insolvency (cross Border) Act 2006 / Application for Recognition Decided; Judgment and Orders Made
Outcome
Application granted; foreign main proceedings recognised in respect of both respondents; relief under Article 21(2) and provisional relief under Article 19(1) granted; orders made as per draft filed by the applicants; leave reserved for further Article 21(1) orders.
Legal Topics
Recognition of Foreign Main Proceeding, Article 15 and 17 Requirements, Provisional Relief Under Article 19, Relief Under Article 21, Public Policy Defence
Insolvency Law Cross Border Insolvency Bankruptcy Civil Procedure Recognition of Foreign Main Proceeding Article 15 and 17 Requirements Provisional Relief Under Article 19 Relief Under Article 21 +1 more

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Parties

Lucinda Clare Coleman

Applicant (trustee in Bankruptcy of Fiona Rose Knapp and Michael Garrick Pearce)

Stephen James Hobson

Applicant (trustee in Bankruptcy of Fiona Rose Knapp and Michael Garrick Pearce)

Fiona Rose Knapp

First Respondent (debtor)

Michael Garrick Pearce

Second Respondent (debtor)

Procedural Posture

Originating Application Without Notice for Recognition of Foreign Main Proceedings Under the Insolvency (cross Border) Act 2006 / Application for Recognition Decided; Judgment and Orders Made

Legal Issues

  1. 1 Whether the English bankruptcy proceedings met the Article 15 and 17 requirements for recognition as foreign main proceedings
  2. 2 Whether the foreign proceedings were manifestly contrary to New Zealand public policy (Article 6)
  3. 3 Whether provisional and substantive relief under Articles 19 and 21 should be granted

Ratio Decidendi

The Court held that the applicants met the requirements of Articles 15 and 17 because the English bankruptcy proceedings fell within the Act's definition of a foreign proceeding, the applicants were duly appointed foreign representatives and certified supporting documents were provided and presumed authentic under Article 16; the proceedings were not manifestly contrary to New Zealand public policy under Article 6; accordingly both bankruptcies were recognised as foreign main proceedings and relief under Article 21 and provisional relief under Article 19 were granted, with orders made as per the filed draft.

Court Disposition

Application granted; foreign main proceedings recognised in respect of both respondents; relief under Article 21(2) and provisional relief under Article 19(1) granted; orders made as per draft filed by the applicants; leave reserved for further Article 21(1) orders.

Orders

  • Recognition of the Knapp bankruptcy proceedings as a foreign main proceeding pursuant to Article 17 of Schedule 1 to the Insolvency (Cross-Border) Act 2006
  • Recognition of the Pearce bankruptcy proceedings as a foreign main proceeding pursuant to Article 17 of Schedule 1 to the Insolvency (Cross-Border) Act 2006