XCEDA FINANCE LIMITED v T MAFUTA [2023] NZHC 1136

XCEDA FINANCE LIMITED v T MAFUTA [2023] NZHC 1136

The Court was satisfied on the evidence that reasonable efforts to personally serve the bankruptcy notice had been made and that substituted service by email to the address in the application and by leaving a sealed envelope at the property (or affixing it to the front door) was likely to bring the notice to the debtor's attention; accordingly personal service was dispensed with, substituted service ordered and service deemed effected two working days after completion of the steps ordered.

Citation
[2023] NZHC 1136
Parties
Judgment Creditor: XCEDA FINANCE LIMITED; Judgment Debtor: TATENDA ALVIN MAFUTA
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 May 2023
Procedural Posture
Bankruptcy Proceeding Under the Insolvency Act 2006 / Application for Substituted Service (determined on the Papers)
Outcome
Order for substituted service granted; personal service dispensed with; service deemed effected two working days after completion of specified steps; application adjourned for limited purpose; costs fixed
Legal Topics
Substituted Service, Bankruptcy Notice, Service of Process, Costs
Insolvency Law Civil Procedure Substituted Service Bankruptcy Notice Service of Process Costs

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Parties

XCEDA FINANCE LIMITED

Judgment Creditor

TATENDA ALVIN MAFUTA

Judgment Debtor

Procedural Posture

Bankruptcy Proceeding Under the Insolvency Act 2006 / Application for Substituted Service (determined on the Papers)

Legal Issues

  1. 1 Whether substituted service should be ordered for a bankruptcy notice
  2. 2 Whether reasonable efforts were made to effect personal service
  3. 3 What methods of substituted service are likely to bring the notice to the debtor's attention

Ratio Decidendi

The Court was satisfied on the evidence that reasonable efforts to personally serve the bankruptcy notice had been made and that substituted service by email to the address in the application and by leaving a sealed envelope at the property (or affixing it to the front door) was likely to bring the notice to the debtor's attention; accordingly personal service was dispensed with, substituted service ordered and service deemed effected two working days after completion of the steps ordered.

Court Disposition

Order for substituted service granted; personal service dispensed with; service deemed effected two working days after completion of specified steps; application adjourned for limited purpose; costs fixed

Orders

  • Personal service on the judgment debtor with the bankruptcy notice is dispensed with.
  • Service will be deemed effected upon completion of the following steps: (i) email the bankruptcy notice and a copy of these orders to the judgment debtor using the email address set out at para 1.2 of the substituted service application dated 30 March 2023; (ii) leave a copy of the bankruptcy notice and this order...