UDC FINANCE LTD v SHILTON [2019] NZHC 3395

UDC FINANCE LTD v SHILTON [2019] NZHC 3395

Because reasonable efforts at personal service had been made, the judgment debtor could not be located, the debtor had received email/text communications and was aware of proceedings, the court was satisfied r 6.8 requirements were met and therefore dispensed with personal service and ordered substituted service by email with a text notification, with service deemed three working days after sending; further documents to be served in the same manner.

Citation
[2019] NZHC 3395
Parties
Judgment Creditor: UDC Finance Limited; Judgment Debtor: James Louis Shilton
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 December 2019
Procedural Posture
Bankruptcy (insolvency Act 2006) / Application for Substituted Service (without Notice)
Outcome
Application granted: personal service dispensed with; substituted service by email and text ordered; service deemed three working days after completion of steps; further documents may be served in same manner; costs reserved; leave to apply for further directions.
Legal Topics
Substituted Service, Bankruptcy Notice, Dispensing With Personal Service, High Court Rules R6.8
Insolvency Bankruptcy Civil Procedure Service of Process Substituted Service Bankruptcy Notice Dispensing With Personal Service High Court Rules R6.8

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Parties

UDC Finance Limited

Judgment Creditor

James Louis Shilton

Judgment Debtor

Procedural Posture

Bankruptcy (insolvency Act 2006) / Application for Substituted Service (without Notice)

Legal Issues

  1. 1 Whether the requirements of r 6.8 High Court Rules 2016 are met to dispense with personal service and allow substituted service by email and text
  2. 2 Whether service should be deemed effective after a specified time (three working days)
  3. 3 Whether further documents may be served in the same substituted manner without personal service

Ratio Decidendi

Because reasonable efforts at personal service had been made, the judgment debtor could not be located, the debtor had received email/text communications and was aware of proceedings, the court was satisfied r 6.8 requirements were met and therefore dispensed with personal service and ordered substituted service by email with a text notification, with service deemed three working days after sending; further documents to be served in the same manner.

Court Disposition

Application granted: personal service dispensed with; substituted service by email and text ordered; service deemed three working days after completion of steps; further documents may be served in same manner; costs reserved; leave to apply for further directions.

Orders

  • Personal service of the bankruptcy notice dated 18 October 2019 on the judgment debtor is dispensed with.
  • Service of the bankruptcy notice is to be effected by emailing a copy of the bankruptcy notice and the sealed order for substituted service to the judgment debtor's email address and sending a text message to the judgment debtor's cell phone notifying him that the documents have been sent to his email address.