PORTER EQUIPMENT LTD v JONES [2020] NZHC 1558

PORTER EQUIPMENT LTD v JONES [2020] NZHC 1558

Affidavit evidence demonstrated reasonable attempts at personal service and that the debtor was evading service; accordingly the requirements of r 6.8 were satisfied and the court properly dispensed with personal service and authorised substituted service by leaving the notice with an adult occupant at the last known address and by publication in The Press, with service deemed two working days after completion of those steps.

Citation
[2020] NZHC 1558
Parties
Judgment Creditor: Porter Equipment Limited; Judgment Debtor: Hayden Andrew Jones
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 July 2020
Procedural Posture
Bankruptcy Proceedings Under the Insolvency Act 2006 / Application for Substituted Service of Bankruptcy Notice (without Notice); Determined on the Papers
Outcome
Application granted. Personal service dispensed and substituted service authorised.
Legal Topics
Substituted Service, Dispensing With Personal Service, Bankruptcy Notice, High Court Rules R 6.8
Insolvency Civil Procedure Service of Process Substituted Service Dispensing With Personal Service Bankruptcy Notice High Court Rules R 6.8

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Parties

Porter Equipment Limited

Judgment Creditor

Hayden Andrew Jones

Judgment Debtor

Procedural Posture

Bankruptcy Proceedings Under the Insolvency Act 2006 / Application for Substituted Service of Bankruptcy Notice (without Notice); Determined on the Papers

Legal Issues

  1. 1 Whether personal service of a bankruptcy notice can be dispensed with
  2. 2 Whether substituted service under r 6.8 High Court Rules 2016 is justified on the evidence
  3. 3 Whether application should be considered without notice given evasion of service

Ratio Decidendi

Affidavit evidence demonstrated reasonable attempts at personal service and that the debtor was evading service; accordingly the requirements of r 6.8 were satisfied and the court properly dispensed with personal service and authorised substituted service by leaving the notice with an adult occupant at the last known address and by publication in The Press, with service deemed two working days after completion of those steps.

Court Disposition

Application granted. Personal service dispensed and substituted service authorised.

Orders

  • Personal service of the bankruptcy notice is dispensed with.
  • Service to be effected by leaving the bankruptcy notice with an adult occupant at 94 King Street, Rangiora together with a letter asking the occupant to bring the notice to the debtor's attention.