KONTINUUM FINANCE LIMITED V CHRISTIAN HC WN CIV-2009-485-001530

KONTINUUM FINANCE LIMITED V CHRISTIAN HC WN CIV-2009-485-001530

The application for substituted service was refused because the mandatory preconditions of r 6.8 were not satisfied: there was no evidence that reasonable efforts had been made to effect personal service and prompt personal service appeared practicable given the debtor's prior cooperation; the cost of personal service alone does not justify substituted service.

Citation
openlaw-743906af_adea_4fdc_8500_3a217abf6068.pdf
Parties
Judgment Creditor: Kontinuum Finance Limited; Judgment Debtor: Paul John Christian
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 August 2009
Procedural Posture
Bankruptcy Proceeding Under the Insolvency Act 2006 / Interlocutory Application (without Notice) for Substituted Service and Directions as to Service
Outcome
Application for substituted service dismissed; debtor to be served personally
Legal Topics
Substituted Service, Service Abroad, High Court Rules R6.8, Costs of Service
Bankruptcy Civil Procedure Service of Process Insolvency Substituted Service Service Abroad High Court Rules R6.8 Costs of Service

Case Brief

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Parties

Kontinuum Finance Limited

Judgment Creditor

Paul John Christian

Judgment Debtor

Procedural Posture

Bankruptcy Proceeding Under the Insolvency Act 2006 / Interlocutory Application (without Notice) for Substituted Service and Directions as to Service

Legal Issues

  1. 1 Whether the court may order substituted service under r 6.8 High Court Rules
  2. 2 Whether reasonable efforts have been made to effect personal service on the debtor
  3. 3 Whether prompt personal service is impossible or the documents have come to the debtor's knowledge

Ratio Decidendi

The application for substituted service was refused because the mandatory preconditions of r 6.8 were not satisfied: there was no evidence that reasonable efforts had been made to effect personal service and prompt personal service appeared practicable given the debtor's prior cooperation; the cost of personal service alone does not justify substituted service.

Court Disposition

Application for substituted service dismissed; debtor to be served personally

Orders

  • Application for substituted service dismissed.
  • The judgment debtor is to be served personally with the bankruptcy notice and adjudication proceedings in the usual way unless the parties agree other arrangements or a further substituted service application satisfying the preconditions is made.