SEFO V TAYLOR CONSTRUCTION LIMITED HC AK CIV 2008-404-007581

SEFO V TAYLOR CONSTRUCTION LIMITED HC AK CIV 2008-404-007581

Leave was granted to serve the bankruptcy notice and any consequent adjudication proceedings outside New Zealand and substituted service under r 211 was ordered by service on one of the debtor's parents and personal service on the debtor's Auckland solicitor because (1) the debtor's whereabouts were uncertain and personal service abroad was impracticable, (2) the debtor had sufficient New Zealand connections and notice via parents and solicitor was likely to bring the documents to his attention, and (3) there was an evidential risk of asset alienation warranting prompt action.

Citation
openlaw-85a27bc7_42f2_4d94_b3b0_7413ccbcbaf0.pdf
Parties
Debtor: Ray Ioane Faafeu Sefo; Creditor: Taylor Construction Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 November 2008
Procedural Posture
Insolvency / Bankruptcy (insolvency Act 2006) / Ex Parte Application for Leave to Serve Bankruptcy Notice Outside New Zealand and for Substituted Service Under R 211 High Court Rules
Outcome
Leave granted to serve bankruptcy notice and related adjudication documents outside New Zealand; substituted service ordered
Legal Topics
Substituted Service, Service Outside Jurisdiction, Leave to Serve Bankruptcy Notice, Adjudication
Insolvency Bankruptcy Civil Procedure Substituted Service Service Outside Jurisdiction Leave to Serve Bankruptcy Notice Adjudication

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Parties

Ray Ioane Faafeu Sefo

Debtor

Taylor Construction Limited

Creditor

Procedural Posture

Insolvency / Bankruptcy (insolvency Act 2006) / Ex Parte Application for Leave to Serve Bankruptcy Notice Outside New Zealand and for Substituted Service Under R 211 High Court Rules

Legal Issues

  1. 1 Whether leave should be granted to serve a bankruptcy notice outside New Zealand under s 17 Insolvency Act 2006
  2. 2 Whether substituted service under r 211 High Court Rules is appropriate in the circumstances
  3. 3 Whether service on the debtor's parents and solicitor will bring the documents to the debtor's attention

Ratio Decidendi

Leave was granted to serve the bankruptcy notice and any consequent adjudication proceedings outside New Zealand and substituted service under r 211 was ordered by service on one of the debtor's parents and personal service on the debtor's Auckland solicitor because (1) the debtor's whereabouts were uncertain and personal service abroad was impracticable, (2) the debtor had sufficient New Zealand connections and notice via parents and solicitor was likely to bring the documents to his attention, and (3) there was an evidential risk of asset alienation warranting prompt action.

Court Disposition

Leave granted to serve bankruptcy notice and related adjudication documents outside New Zealand; substituted service ordered

Orders

  • Leave granted to serve on the judgment debtor Ray Ioane Faafeu Sefo outside New Zealand the bankruptcy notice and any application for adjudication, verifying affidavit and summons to debtor which may subsequently be issued
  • Personal service of the bankruptcy documents is dispensed with