HYNDS PIPE SYSTEMS LIMITED v ORD [2020] NZHC 1920

HYNDS PIPE SYSTEMS LIMITED v ORD [2020] NZHC 1920

Because the creditor demonstrated reasonable steps to effect personal service and personal service was impracticable due to the debtor's changed address and inability to locate him, the Court granted substituted service by specified means and adjourned the hearing to permit substituted service to be completed.

Source-derived case information.

Citation
[2020] NZHC 1920
Parties
Judgment Creditor: Hynds Pipe Systems Limited; Judgment Debtor: Kyle Stephen Ord
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 August 2020
Procedural Posture
Bankruptcy Adjudication Under the Insolvency Act 2006 / Interlocutory Application for Substituted Service and Adjournment Prior to Adjudication Hearing
Outcome
Application for substituted service granted; personal service dispensed with; hearing vacated and adjourned to 20 August 2020 at 10:00 am in the Christchurch High Court.
Legal Topics
Substituted Service, Service of Process, Adjournment, Bankruptcy Adjudication
Insolvency Bankruptcy Civil Procedure Substituted Service Service of Process Adjournment Bankruptcy Adjudication

Source-derived case record

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Parties

Hynds Pipe Systems Limited

Judgment Creditor

Kyle Stephen Ord

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Under the Insolvency Act 2006 / Interlocutory Application for Substituted Service and Adjournment Prior to Adjudication Hearing

Legal Issues

  1. 1 Whether substituted service is appropriate given failed personal service and changed address
  2. 2 Whether the judgment creditor took reasonable steps to effect personal service
  3. 3 Whether the hearing date should be vacated and adjourned to allow substituted service

Ratio Decidendi

Because the creditor demonstrated reasonable steps to effect personal service and personal service was impracticable due to the debtor's changed address and inability to locate him, the Court granted substituted service by specified means and adjourned the hearing to permit substituted service to be completed.

Court Disposition

Application for substituted service granted; personal service dispensed with; hearing vacated and adjourned to 20 August 2020 at 10:00 am in the Christchurch High Court.

Orders

  • Personal service on the judgment debtor is dispensed with.
  • Service will be deemed effected upon completion of the following: attaching a sealed envelope marked 'Confidential' containing the documents and this judgment to the mail box at 10 Woodend Road, Woodend; advertising in the Public Notices section of The Press newspaper; and sending a text message to any mobile number...