RICHARD ZHAO LAWYERS LIMITED v CHEN [2015] NZHC 3230

RICHARD ZHAO LAWYERS LIMITED v CHEN [2015] NZHC 3230

The process server's method — handing documents to an employee of a different business at premises that were no longer the company's place of business — did not satisfy any exclusive method in s387(1) (neither delivery to an employee of the company at its head office/principal place nor leaving at the company's registered office), therefore service was not effected in accordance with s387 and the application to set aside the bankruptcy notice failed.

Citation
[2015] NZHC 3230
Parties
Judgment Creditor: Richard Zhao Lawyers Limited; Judgment Debtor: Jie Ping Chen
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 December 2015
Procedural Posture
Bankruptcy / Insolvency Proceedings Under Insolvency Act 2006 and High Court Rules / Interlocutory Application to Set Aside a Bankruptcy Notice
Outcome
Application to set aside the bankruptcy notice dismissed
Legal Topics
Service of Process, Bankruptcy Notice, Statutory Demand, Companies Act S387, High Court Rules R24.10, Costs
Insolvency Company Law Civil Procedure Service of Process Bankruptcy Notice Statutory Demand Companies Act S387 High Court Rules R24.10 +1 more

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Parties

Richard Zhao Lawyers Limited

Judgment Creditor

Jie Ping Chen

Judgment Debtor

Procedural Posture

Bankruptcy / Insolvency Proceedings Under Insolvency Act 2006 and High Court Rules / Interlocutory Application to Set Aside a Bankruptcy Notice

Legal Issues

  1. 1 Whether the application to set aside the bankruptcy notice was validly served in accordance with s387 Companies Act 1993
  2. 2 Whether the method of service adopted complied with prescribed methods for service on companies
  3. 3 Whether the bankruptcy notice should be set aside or stayed

Ratio Decidendi

The process server's method — handing documents to an employee of a different business at premises that were no longer the company's place of business — did not satisfy any exclusive method in s387(1) (neither delivery to an employee of the company at its head office/principal place nor leaving at the company's registered office), therefore service was not effected in accordance with s387 and the application to set aside the bankruptcy notice failed.

Court Disposition

Application to set aside the bankruptcy notice dismissed

Orders

  • Application to set aside the bankruptcy notice dismissed
  • Judgment creditor awarded costs on a 2B basis plus disbursements as fixed by the Registrar