AMFL LTD v O’CONNELL [2020] NZHC 54

AMFL LTD v O’CONNELL [2020] NZHC 54

The court found the r 6.8 requirements were satisfied on the evidence of unsuccessful personal service attempts and the debtor's use of the specified email and mobile number, and therefore dispensed with personal service and ordered substituted service by email with SMS notification, deeming service three working...

Source-derived case information.

Citation
[2020] NZHC 54
Parties
Judgment Creditor: AMFL Limited; Judgment Debtor: Joseph Thomas O'Connell
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 February 2020
Procedural Posture
Bankruptcy Under Insolvency Act 2006 / Application for Substituted Service (without Notice)
Outcome
Application granted: personal service dispensed and substituted service by email and SMS ordered; service deemed three working days after completion of steps.
Legal Topics
Substituted Service, Bankruptcy Notice, Dispense With Personal Service, High Court Rules R 6.8, Without Notice Application
Insolvency Bankruptcy Civil Procedure Service of Process Substituted Service Bankruptcy Notice Dispense With Personal Service High Court Rules R 6.8 +1 more

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Parties

AMFL Limited

Judgment Creditor

Joseph Thomas O'Connell

Judgment Debtor

Procedural Posture

Bankruptcy Under Insolvency Act 2006 / Application for Substituted Service (without Notice)

Legal Issues

  1. 1 Whether personal service of a Bankruptcy Notice can be dispensed with
  2. 2 Whether substituted service by email and SMS will likely bring the document to the debtor's attention and satisfy r 6.8
  3. 3 Whether requirements of r 6.8 High Court Rules 2016 are met

Ratio Decidendi

The court found the r 6.8 requirements were satisfied on the evidence of unsuccessful personal service attempts and the debtor's use of the specified email and mobile number, and therefore dispensed with personal service and ordered substituted service by email with SMS notification, deeming service three working days after completion of those steps.

Court Disposition

Application granted: personal service dispensed and substituted service by email and SMS ordered; service deemed three working days after completion of steps.

Orders

  • Personal service of the Bankruptcy Notice dated 17 December 2019 on the judgment debtor is dispensed with.
  • Service of the Bankruptcy Notice is to be effected by emailing a copy of the Bankruptcy Notice and the sealed order for substituted service to the judgment debtor's email address and sending a text message to his cellular telephone notifying him that the documents have been sent to his email address.