ASB BANK LIMITED V GARVIN HC HAM CIV-2012-419-99

ASB BANK LIMITED V GARVIN HC HAM CIV-2012-419-99

The Court found the statutory jurisdictional requirements in ss 13 and 36 of the Insolvency Act 2006 were met and, having considered the discretionary factors in s 37 and relevant authorities, concluded there was no basis to refuse adjudication; accordingly the debtor was adjudicated bankrupt and costs were awarded to the judgment creditor.

Citation
openlaw-96c83d8e_255c_47c3_b36d_a485db58cb4c.pdf
Parties
Judgment Creditor: ASB Bank Limited; Judgment Debtor: Robert William Garvin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 June 2012
Procedural Posture
Bankruptcy Adjudication / Hearing (application for Adjudication Order)
Outcome
Judgment debtor adjudicated bankrupt
Legal Topics
Adjudication, Acts of Bankruptcy, Court Discretion, Public Interest, Costs
Insolvency Law Bankruptcy Adjudication Acts of Bankruptcy Court Discretion Public Interest Costs

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Parties

ASB Bank Limited

Judgment Creditor

Robert William Garvin

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication / Hearing (application for Adjudication Order)

Legal Issues

  1. 1 Whether jurisdictional requirements under ss 13 and 36 of the Insolvency Act 2006 were satisfied
  2. 2 Whether the Court should exercise its discretion under s 37 to refuse adjudication
  3. 3 Whether the debtor provided any substantive grounds to resist adjudication

Ratio Decidendi

The Court found the statutory jurisdictional requirements in ss 13 and 36 of the Insolvency Act 2006 were met and, having considered the discretionary factors in s 37 and relevant authorities, concluded there was no basis to refuse adjudication; accordingly the debtor was adjudicated bankrupt and costs were awarded to the judgment creditor.

Court Disposition

Judgment debtor adjudicated bankrupt

Orders

  • Order adjudicating Robert William Garvin bankrupt
  • Costs to judgment creditor based on Category 2 Band B together with disbursements as fixed by the Registrar