ASB BANK LIMITED V GARVIN HC HAM CIV-2011-419-1677

ASB BANK LIMITED V GARVIN HC HAM CIV-2011-419-1677

The Court adjudicated the debtor bankrupt because the creditor established the statutory requirements under ss 13 and 36 of the Insolvency Act 2006 and the debtor failed to demonstrate any basis to exercise the discretion under s37 to refuse adjudication; public interest factors supported making the order.

Citation
openlaw-7adf24db_a6e2_4ccc_ba66_01b376e118ce.pdf
Parties
Judgment Creditor: ASB Bank Limited; Judgment Debtor: Gillian Kathleen Garvin
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 June 2012
Procedural Posture
Creditor Petition for Adjudication of Bankruptcy / Hearing on Application for Adjudication Order (25 June 2012)
Outcome
Judgment debtor adjudicated bankrupt
Legal Topics
Adjudication Order, Acts of Bankruptcy, Discretion to Refuse Adjudication Under S37, Public Interest in Bankruptcy, Costs
Insolvency Bankruptcy Civil Procedure Adjudication Order Acts of Bankruptcy Discretion to Refuse Adjudication Under S37 Public Interest in Bankruptcy Costs

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Parties

ASB Bank Limited

Judgment Creditor

Gillian Kathleen Garvin

Judgment Debtor

Procedural Posture

Creditor Petition for Adjudication of Bankruptcy / Hearing on Application for Adjudication Order (25 June 2012)

Legal Issues

  1. 1 whether statutory jurisdiction under ss 13 and 36 of the Insolvency Act 2006 was established
  2. 2 whether the Court should exercise its discretion under s37 to refuse adjudication
  3. 3 whether the debtor was able to pay her debts

Ratio Decidendi

The Court adjudicated the debtor bankrupt because the creditor established the statutory requirements under ss 13 and 36 of the Insolvency Act 2006 and the debtor failed to demonstrate any basis to exercise the discretion under s37 to refuse adjudication; public interest factors supported making the order.

Court Disposition

Judgment debtor adjudicated bankrupt

Orders

  • Gillian Kathleen Garvin is adjudicated bankrupt.
  • Costs awarded to ASB Bank Limited on Category 2 Band B together with disbursements as fixed by the Registrar.