SUPATREATS ASIA PTE LTD v PHAMORNPIBUL [2020] NZHC 1895

SUPATREATS ASIA PTE LTD v PHAMORNPIBUL [2020] NZHC 1895

Because the creditor proved reasonable efforts to serve, the debtor was absent from the jurisdiction or evading service, and the husband and the debtor's solicitor were likely to bring the documents to the debtor's attention, the court was satisfied that the requirements of r 6.8 were met and substituted service on the husband and the solicitor was ordered, with service deemed two working days after completion of specified steps.

Citation
[2020] NZHC 1895
Parties
Judgment Creditor: SUPATREATS ASIA PTE LIMITED; Judgment Debtor: PARITA PHAMORNPIBUL
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 July 2020
Procedural Posture
Bankruptcy Adjudication Under Insolvency Act 2008 / Application for Substituted Service (without Notice); Interlocutory
Outcome
Application granted: personal service dispensed with and substituted service ordered as specified
Legal Topics
Substituted Service, Adjudication Order, Bankruptcy Notice, High Court Rules R 6.8
Insolvency Civil Procedure Service of Documents Substituted Service Adjudication Order Bankruptcy Notice High Court Rules R 6.8

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Parties

SUPATREATS ASIA PTE LIMITED

Judgment Creditor

PARITA PHAMORNPIBUL

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Under Insolvency Act 2008 / Application for Substituted Service (without Notice); Interlocutory

Legal Issues

  1. 1 Whether personal service can be dispensed with under r 6.8 High Court Rules
  2. 2 Whether substituted service on the judgment debtor's husband and former/acting solicitor is likely to bring the documents to the debtor's attention
  3. 3 Whether the requirements of r 6.8 (reasonable efforts to serve and inability to promptly serve) are satisfied

Ratio Decidendi

Because the creditor proved reasonable efforts to serve, the debtor was absent from the jurisdiction or evading service, and the husband and the debtor's solicitor were likely to bring the documents to the debtor's attention, the court was satisfied that the requirements of r 6.8 were met and substituted service on the husband and the solicitor was ordered, with service deemed two working days after completion of specified steps.

Court Disposition

Application granted: personal service dispensed with and substituted service ordered as specified

Orders

  • Personal service of the creditor's adjudication application, summons to debtor and affidavit in support is dispensed with
  • Service to be effected by personal service on the judgment debtor's husband, Chang Xi