RHB LTD (In Liquidation) v PAYNE [2020] NZHC 1864

RHB LTD (In Liquidation) v PAYNE [2020] NZHC 1864

The court was satisfied that the applicant had made reasonable efforts to effect personal service and that, under r 6.8, personal service should be dispensed with; substituted service by emailing the documents to the debtor's known active email address and by leaving copies affixed to the door of his residence was ordered and service is deemed two working days after those steps are completed.

Citation
[2020] NZHC 1864
Parties
Judgment Creditor: RHB Limited (In Liquidation); Judgment Debtor: Kyle Douglas Payne
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 July 2020
Procedural Posture
Bankruptcy / Insolvency Proceedings Under Insolvency Act 2006 / Application for Substituted Service of Creditor's Adjudication Documents; Determined on the Papers (without Notice) Prior to Adjudication Hearing
Outcome
Application for substituted service granted
Legal Topics
Substituted Service, Service of Process, Dispensing With Personal Service, Adjudication Order
Insolvency Bankruptcy Civil Procedure Substituted Service Service of Process Dispensing With Personal Service Adjudication Order

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Parties

RHB Limited (In Liquidation)

Judgment Creditor

Kyle Douglas Payne

Judgment Debtor

Procedural Posture

Bankruptcy / Insolvency Proceedings Under Insolvency Act 2006 / Application for Substituted Service of Creditor's Adjudication Documents; Determined on the Papers (without Notice) Prior to Adjudication Hearing

Legal Issues

  1. 1 Whether personal service could be dispensed with under High Court Rules r 6.8
  2. 2 Whether substituted service by email and affixing documents to the debtor's door would likely bring documents to the debtor's attention
  3. 3 Whether the applicant made reasonable efforts to effect personal service and whether without‑notice relief was justified

Ratio Decidendi

The court was satisfied that the applicant had made reasonable efforts to effect personal service and that, under r 6.8, personal service should be dispensed with; substituted service by emailing the documents to the debtor's known active email address and by leaving copies affixed to the door of his residence was ordered and service is deemed two working days after those steps are completed.

Court Disposition

Application for substituted service granted

Orders

  • Personal service of the creditor's application, summons and supporting affidavit is dispensed with
  • Service to be effected by (i) emailing the documents, this ruling and the sealed order to the judgment debtor's email address and (ii) leaving the documents, this ruling and the sealed order affixed to the door of 138 Penruddock Rise, Christchurch