DENNIS v GOODE [2023] NZHC 445

DENNIS v GOODE [2023] NZHC 445

The court was satisfied reasonable attempts at personal service had been made and that the specified methods (affixing to the gate, placing in the letterbox, emailing and texting) were likely to bring the bankruptcy notice to the judgment debtor's attention; accordingly substituted service was ordered and service was to be treated as effective three working days after completion of those steps.

Citation
[2023] NZHC 445
Parties
Judgment Creditors: PETER RAYMOND DENNIS; PAUL STUART GOOBY; DEIRDRE McNABB, as executors of the Estate of Phyllis Lorraine Frances Dennis; Judgment Debtor: BEVAN JOHN GOODE
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 March 2023
Procedural Posture
Enforcement Substituted Service of a Bankruptcy Notice / Application for Substituted Service (determined on the Papers)
Outcome
Order for substituted service granted.
Legal Topics
Substituted Service, Enforcement of Judgment, Service by Email/text/posting
Bankruptcy Civil Procedure Service of Process Substituted Service Enforcement of Judgment Service by Email/text/posting

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Parties

PETER RAYMOND DENNIS; PAUL STUART GOOBY; DEIRDRE McNABB, as executors of the Estate of Phyllis Lorraine Frances Dennis

Judgment Creditors

BEVAN JOHN GOODE

Judgment Debtor

Procedural Posture

Enforcement Substituted Service of a Bankruptcy Notice / Application for Substituted Service (determined on the Papers)

Legal Issues

  1. 1 Whether personal service of the bankruptcy notice could be promptly effected
  2. 2 Whether the proposed substituted service methods were likely to bring the documents to the judgment debtor's attention
  3. 3 When service should be deemed effective

Ratio Decidendi

The court was satisfied reasonable attempts at personal service had been made and that the specified methods (affixing to the gate, placing in the letterbox, emailing and texting) were likely to bring the bankruptcy notice to the judgment debtor's attention; accordingly substituted service was ordered and service was to be treated as effective three working days after completion of those steps.

Court Disposition

Order for substituted service granted.

Orders

  • The documents will be treated as served three working days after completion of the above steps.
  • The application is adjourned with leave for the judgment creditor to request a further substituted service order if any adjudication application cannot be promptly served, with evidence or counsel confirmation.