LIN V WESTPAC NEW ZEALAND LIMITED HC AK CIV-2012-404-2893

LIN V WESTPAC NEW ZEALAND LIMITED HC AK CIV-2012-404-2893

Because one application was filed late, the other was not served, and the Court had no jurisdiction to extend the filing/service deadlines, both applications were dismissed.

Source-derived case information.

Citation
openlaw-25728d9d_010e_4537_82eb_6d331b395919.pdf
Parties
Judgment Debtor: Jianjun Lin; Judgment Debtor: Zhijian Lin; Judgment Creditor: Westpac New Zealand Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 August 2012
Procedural Posture
Application to Set Aside Bankruptcy Notices Under the Insolvency Act 2006 / Hearing and Oral Judgment (applications Dismissed)
Outcome
Dismissed
Legal Topics
Set Aside Applications, Time Limits for Filing and Service, Jurisdiction to Extend Time, Costs
Insolvency Bankruptcy Civil Procedure Set Aside Applications Time Limits for Filing and Service Jurisdiction to Extend Time Costs

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Parties

Jianjun Lin

Judgment Debtor

Zhijian Lin

Judgment Debtor

Westpac New Zealand Limited

Judgment Creditor

Procedural Posture

Application to Set Aside Bankruptcy Notices Under the Insolvency Act 2006 / Hearing and Oral Judgment (applications Dismissed)

Legal Issues

  1. 1 Whether applications to set aside bankruptcy notices were filed and served within the prescribed time
  2. 2 Whether the Court has jurisdiction to extend time for filing or service of set-aside applications
  3. 3 Whether costs should be awarded to the respondent

Ratio Decidendi

Because one application was filed late, the other was not served, and the Court had no jurisdiction to extend the filing/service deadlines, both applications were dismissed.

Court Disposition

Dismissed

Orders

  • Applications to set aside the bankruptcy notices in CIV-2012-404-002893 and CIV-2012-404-002896 are dismissed
  • Respondent awarded costs on a 2B basis and disbursements as fixed by the Registrar