FARMLANDS CO-OPERATIVE SOCIETY LTD v DAGG [2021] NZHC 3222

Parties

Procedural Posture

Bankruptcy Notice Application Under the Insolvency Act 2006 / Interlocutory Application for Substituted Service (without Notice)

Legal Issues

1. 1 Whether personal service of the bankruptcy notice can be dispensed with and substituted service ordered under r 6.8 High Court Rules
2. 2 Whether the applicant made reasonable efforts to serve and whether substituted service is likely to bring the document to the debtor's notice
3. 3 Whether substituted service should extend to future related applications and documents

Ratio Decidendi

The court exercised its discretion under r 6.8 to dispense with personal service and ordered substituted service of the bankruptcy notice by leaving it with an occupant of, or affixing it to the door of, the debtor's residence identified in the notice because reasonable efforts at personal service had been made and such steps were likely to bring the notice to the debtor's attention; service deemed to occur two working days after completion and leave reserved to apply for substituted service of future documents by memorandum.

Court Disposition

Personal service dispensed with; substituted service of bankruptcy notice ordered with leave reserved for future substituted service applications.

Orders

• Personal service upon the judgment debtor of the bankruptcy notice is dispensed with.
• Service of the bankruptcy notice is to be effected by leaving the bankruptcy notice with an occupant of, or affixed to the door of, the residence at the address identified in para 1(b) of the notice of application.