BANK OF NEW ZEALAND v HELEN PATRICIA HOLLAND [2017] NZHC 663

BANK OF NEW ZEALAND v HELEN PATRICIA HOLLAND [2017] NZHC 663

The Court adjudicated the debtors bankrupt because the statutory requirements for adjudication were met, substituted service and the summary judgment were upheld or not successfully overturned, the debtors are unable to pay and their allegations about the mortgagee sale and new evidence were insufficient to displace the Bank's entitlement to adjudicate; pending third‑party proceedings and employment consequences did not make it just and equitable to refuse adjudication.

Citation
[2017] NZHC 663
Parties
Judgment Creditor: Bank of New Zealand; Judgment Debtor: Helen Patricia Holland; Judgment Debtor: Richard Kristian Henry Holland
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 April 2017
Procedural Posture
Adjudication Application Under Insolvency Act 2006 (bankruptcy) / Application Heard; Judgment Issued
Outcome
Orders adjudicating Richard Kristian Henry Holland and Helen Patricia Holland bankrupt were made.
Legal Topics
Adjudication Under S37, Substituted Service, Summary Judgment, Mortgagee Sale Undervalue, Property Law Act S176, Stay Under S38
Insolvency Bankruptcy Property Law Civil Procedure Adjudication Under S37 Substituted Service Summary Judgment Mortgagee Sale Undervalue +2 more

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Parties

Bank of New Zealand

Judgment Creditor

Helen Patricia Holland

Judgment Debtor

Richard Kristian Henry Holland

Judgment Debtor

Procedural Posture

Adjudication Application Under Insolvency Act 2006 (bankruptcy) / Application Heard; Judgment Issued

Legal Issues

  1. 1 Whether adjudication should be refused under s37 (just and equitable)
  2. 2 Validity of substituted service of bankruptcy notices
  3. 3 Whether summary judgment was unsafe and can be reopened

Ratio Decidendi

The Court adjudicated the debtors bankrupt because the statutory requirements for adjudication were met, substituted service and the summary judgment were upheld or not successfully overturned, the debtors are unable to pay and their allegations about the mortgagee sale and new evidence were insufficient to displace the Bank's entitlement to adjudicate; pending third‑party proceedings and employment consequences did not make it just and equitable to refuse adjudication.

Court Disposition

Orders adjudicating Richard Kristian Henry Holland and Helen Patricia Holland bankrupt were made.

Orders

  • Orders adjudicating Richard Kristian Henry Holland bankrupt timed at 3:30pm on 7 April 2017
  • Orders adjudicating Helen Patricia Holland bankrupt timed at 3:30pm on 7 April 2017