SOUTHPAC 2015 LTD (In Liquidation) v DZIAMSKA [2021] NZHC 2722

SOUTHPAC 2015 LTD (In Liquidation) v DZIAMSKA [2021] NZHC 2722

The requirements of r 6.8 were satisfied on the evidence (process server enquiries, occupant information, neighbour's ability to pass messages and active Facebook profile) and therefore personal service of the bankruptcy notice was dispensed with and substituted service ordered in the specified manner; leave to seek further substituted service was reserved.

Citation
[2021] NZHC 2722
Parties
Judgment Creditor (applicant): Southpac 2015 Limited (In Liquidation); Judgment Debtor: Dorota Katarzyna Dziamska
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 October 2021
Procedural Posture
Bankruptcy / Insolvency / Application for Substituted Service Under R 6.8 High Court Rules 2016 (without Notice)
Outcome
Application granted in part: personal service of the bankruptcy notice dispensed with and substituted service ordered as specified; leave and costs reserved.
Legal Topics
Substituted Service, Bankruptcy Notice, Dispensing With Personal Service, High Court Rules R 6.8
Insolvency Civil Procedure Service of Process Substituted Service Bankruptcy Notice Dispensing With Personal Service High Court Rules R 6.8

Case Brief

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Parties

Southpac 2015 Limited (In Liquidation)

Judgment Creditor (applicant)

Dorota Katarzyna Dziamska

Judgment Debtor

Procedural Posture

Bankruptcy / Insolvency / Application for Substituted Service Under R 6.8 High Court Rules 2016 (without Notice)

Legal Issues

  1. 1 Whether to dispense with personal service of a bankruptcy notice and order substituted service under r 6.8 High Court Rules 2016
  2. 2 Whether steps proposed are likely to bring the bankruptcy notice to the judgment debtor's attention
  3. 3 Whether without‑notice relief is appropriate

Ratio Decidendi

The requirements of r 6.8 were satisfied on the evidence (process server enquiries, occupant information, neighbour's ability to pass messages and active Facebook profile) and therefore personal service of the bankruptcy notice was dispensed with and substituted service ordered in the specified manner; leave to seek further substituted service was reserved.

Court Disposition

Application granted in part: personal service of the bankruptcy notice dispensed with and substituted service ordered as specified; leave and costs reserved.

Orders

  • Personal service of the bankruptcy notice and the sealed order for substituted service is dispensed with.
  • Substituted service of the bankruptcy notice and sealed order for substituted service is to be effected upon the judgment debtor in the manner set out in paragraph 1 of the notice of application dated 8 October 2021 (leave documents with current occupant at Kumara Junction, leave with neighbour, and send private...