WARWICK EDWARDS SERVICES LTD v ANDERSON [2020] NZHC 2254

WARWICK EDWARDS SERVICES LTD v ANDERSON [2020] NZHC 2254

Reasonable efforts to personally serve the judgment debtor were proven, evidence showed the debtor resided at the specified address and was evading service, therefore r 6.8 High Court Rules was satisfied and personal service was dispensed with; substituted service by leaving documents in the letterbox, advertising in The Press and sending documents by email was ordered and service is deemed effected upon completion of those steps.

Citation
[2020] NZHC 2254
Parties
Judgment Creditor: Warwick Edwards Services Ltd trading as Edwards & Co; Judgment Debtor: Rosslyn Joy Anderson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 September 2020
Procedural Posture
Bankruptcy / Insolvency / Application for Substituted Service (without Notice), Determined on the Papers
Outcome
Personal service dispensed with; substituted service authorised
Legal Topics
Substituted Service, Bankruptcy Notice, Service of Process, High Court Rules R 6.8
Insolvency Bankruptcy Civil Procedure Substituted Service Bankruptcy Notice Service of Process High Court Rules R 6.8

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Parties

Warwick Edwards Services Ltd trading as Edwards & Co

Judgment Creditor

Rosslyn Joy Anderson

Judgment Debtor

Procedural Posture

Bankruptcy / Insolvency / Application for Substituted Service (without Notice), Determined on the Papers

Legal Issues

  1. 1 Whether personal service of bankruptcy documents could be dispensed with under r 6.8 High Court Rules
  2. 2 Whether the judgment creditor made reasonable efforts to effect personal service
  3. 3 What substituted service steps are sufficient to bring documents to the judgment debtor's notice

Ratio Decidendi

Reasonable efforts to personally serve the judgment debtor were proven, evidence showed the debtor resided at the specified address and was evading service, therefore r 6.8 High Court Rules was satisfied and personal service was dispensed with; substituted service by leaving documents in the letterbox, advertising in The Press and sending documents by email was ordered and service is deemed effected upon completion of those steps.

Court Disposition

Personal service dispensed with; substituted service authorised

Orders

  • Personal service of the bankruptcy documents upon the judgment debtor is dispensed with
  • Service to be effected by leaving the documents in the letterbox at 11 Kinnaird Place, Hillmorton, Christchurch