CONCRETE STRUCTURES (NZ) LIMITED v BENNETT [2020] NZHC 367

CONCRETE STRUCTURES (NZ) LIMITED v BENNETT [2020] NZHC 367

The Court accepted the judgment creditor's evidence that service occurred on 1 July 2019 because the deponent produced contemporaneous records (email to solicitors), had previously identified the debtor when serving ERA documents, and was more credible in cross‑examination than the debtor whose late and uncorroborated assertions did not undermine the applicant's evidence; accordingly the Court found service was effected and allowed the substantive adjudication application to be set down.

Citation
[2020] NZHC 367
Parties
Judgment Creditor: Concrete Structures (NZ) Limited; Judgment Debtor: Gregory Debenham Bennett
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 March 2020
Procedural Posture
Bankruptcy Proceeding Under the Insolvency Act 2006 / Hearing to Determine Service of a Bankruptcy Notice (interlocutory)
Outcome
Court found the bankruptcy notice was served on 1 July 2019, allowed the substantive adjudication application to be set down for hearing, and awarded costs to the judgment creditor.
Legal Topics
Service of Process, Bankruptcy Notice, Credibility Assessment, Adjudication of Bankruptcy, Costs
Insolvency Bankruptcy Employment Law Civil Procedure Evidence Service of Process Bankruptcy Notice Credibility Assessment +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Concrete Structures (NZ) Limited

Judgment Creditor

Gregory Debenham Bennett

Judgment Debtor

Procedural Posture

Bankruptcy Proceeding Under the Insolvency Act 2006 / Hearing to Determine Service of a Bankruptcy Notice (interlocutory)

Legal Issues

  1. 1 Whether the bankruptcy notice dated 18 April 2019 was validly served on the judgment debtor on 1 July 2019
  2. 2 Credibility and weight of conflicting affidavit evidence on service
  3. 3 Whether any defect in service prevents the substantive adjudication application proceeding

Ratio Decidendi

The Court accepted the judgment creditor's evidence that service occurred on 1 July 2019 because the deponent produced contemporaneous records (email to solicitors), had previously identified the debtor when serving ERA documents, and was more credible in cross‑examination than the debtor whose late and uncorroborated assertions did not undermine the applicant's evidence; accordingly the Court found service was effected and allowed the substantive adjudication application to be set down.

Court Disposition

Court found the bankruptcy notice was served on 1 July 2019, allowed the substantive adjudication application to be set down for hearing, and awarded costs to the judgment creditor.

Orders

  • Service of the bankruptcy notice on 1 July 2019 is established
  • Registrar to liaise with counsel and the judgment debtor to set down the substantive adjudication application