LIBERTY FINANCIAL LIMITED V WICKSTEED HC TAU CIV-2009-470-888

LIBERTY FINANCIAL LIMITED V WICKSTEED HC TAU CIV-2009-470-888

The court accepted the process server's evidence on the balance of probabilities that substituted service was properly effected on an adult resident at the address; therefore the summary judgment was not vitiated by defective service, the debtor's delay in raising defences was unjustified, and given the size of her liabilities and public interest the court should adjudicate her bankrupt.

Citation
openlaw-da9c0f82_6bec_496e_a058_c58a99a2fc41.pdf
Parties
Judgment Creditor: Liberty Financial Limited; Judgment Debtor: Alys Ingrid Wicksteed
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 June 2010
Procedural Posture
Bankruptcy Adjudication Application / Application for Adjudication Order (post Hearing Judgment)
Outcome
Adjudication order to be made; debtor to be adjudicated bankrupt and matter listed for formal order
Legal Topics
Service of Process, Substituted Service, Summary Judgment, Adjudication Order, Public Interest in Bankruptcy
Bankruptcy Civil Procedure Property Law Service of Process Substituted Service Summary Judgment Adjudication Order Public Interest in Bankruptcy

Case Brief

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 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Liberty Financial Limited

Judgment Creditor

Alys Ingrid Wicksteed

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Application / Application for Adjudication Order (post Hearing Judgment)

Legal Issues

  1. 1 Whether substituted service of summary judgment proceedings was properly effected
  2. 2 Whether summary judgment was vitiated by defective service
  3. 3 Whether it would be unjust to adjudicate the debtor bankrupt given the disputed service and potential defences

Ratio Decidendi

The court accepted the process server's evidence on the balance of probabilities that substituted service was properly effected on an adult resident at the address; therefore the summary judgment was not vitiated by defective service, the debtor's delay in raising defences was unjustified, and given the size of her liabilities and public interest the court should adjudicate her bankrupt.

Court Disposition

Adjudication order to be made; debtor to be adjudicated bankrupt and matter listed for formal order

Orders

  • Proceeding listed in the bankruptcy list on 16 July 2010 at 10:00 am for the making of the adjudication order in open Court