MT ADMIRAL FARMS LTD v GOODMAN

MT ADMIRAL FARMS LTD v GOODMAN

The judge found the process server made reasonable efforts, the debtor was evading service, and the proposed measures (email to instructed counsel, delivery to the debtor's solicitors, and delivery or affixing at the residence) were reasonably calculated to bring the documents to the debtor's attention; accordingly...

Source-derived case information.

Citation
openlaw-e17e2c30_1378_4a8d_9b6b_2bbdd1950a8a.pdf
Parties
Judgment Creditor: MT Admiral Farms Limited; Judgment Debtor: Deborah Marie Goodman
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 February 2023
Procedural Posture
Bankruptcy (creditor's Application Under Insolvency Act 2006) / Application for Substituted Service and Enlargement Pending Adjudication (pre Adjudication)
Outcome
Substituted service granted; personal service dispensed with for specified documents; creditor's application enlarged to 10:00 am on 8 June 2023; costs reserved.
Legal Topics
Substituted Service, Service of Process, Enlargement of Application, Adjudication for Bankruptcy, Setting Aside Judgment
Insolvency Law Civil Procedure Bankruptcy Substituted Service Service of Process Enlargement of Application Adjudication for Bankruptcy Setting Aside Judgment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

MT Admiral Farms Limited

Judgment Creditor

Deborah Marie Goodman

Judgment Debtor

Procedural Posture

Bankruptcy (creditor's Application Under Insolvency Act 2006) / Application for Substituted Service and Enlargement Pending Adjudication (pre Adjudication)

Legal Issues

  1. 1 Whether personal service of the creditor's application can be dispensed with and substituted service ordered under r 6.8 High Court Rules 2016
  2. 2 Whether reasonable efforts at service have been made and the debtor is evading service
  3. 3 Whether the creditor's application should be enlarged to allow time for service and determination of debtor's District Court application to set aside the judgment

Ratio Decidendi

The judge found the process server made reasonable efforts, the debtor was evading service, and the proposed measures (email to instructed counsel, delivery to the debtor's solicitors, and delivery or affixing at the residence) were reasonably calculated to bring the documents to the debtor's attention; accordingly personal service was dispensed with, substituted service ordered as specified, service was deemed effected on completion of those steps, and the creditor's application was enlarged to 10:00 am on 8 June 2023.

Court Disposition

Substituted service granted; personal service dispensed with for specified documents; creditor's application enlarged to 10:00 am on 8 June 2023; costs reserved.

Orders

  • Dispense with personal service of: (i) creditor's application for adjudication order; (ii) summons to debtor; (iii) verifying affidavit; (iv) sealed order on this application
  • Service to be effected by: (i) emailing the documents to the judgment debtor's counsel, Mr David Jackson, at the email address set out in the application; (ii) delivering the documents to the offices of the debtor's solicitors, Godfreys Law; (iii) delivering the documents to an adult occupant at the debtor's...