THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE ESTATE OF BRUCE HAMILTON ROBERTS v HELEN ANNE ROBERTS [2018] NZHC 2027
The adjudication of bankruptcy severed the joint tenancies and vested the bankrupt's interests in the Official Assignee, and because the defendant did not oppose the application the Official Assignee was entitled to summary judgment to realise those interests and to costs.
Source-derived case information.
- Citation
- [2018] NZHC 2027
- Parties
- Plaintiff: The Official Assignee in Bankruptcy in the Estate of Bruce Hamilton Roberts; Defendant: Helen Anne Roberts
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 9 August 2018
- Procedural Posture
- Application Under Sub Part 5 of Part 6 of the Property Law Act 2007 for Realisation of Bankrupt's Interest / Summary Judgment Hearing; Default Judgment Entered
- Outcome
- Judgment entered for the plaintiff in the terms of the statement of claim; plaintiff entitled to realise the bankrupt's interest in the two Lind Street properties
- Legal Topics
- Severance of Joint Tenancy, Vesting of Bankrupt's Interest in Official Assignee, Summary Judgment / Default Judgment, Realisation of Assets, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Official Assignee in Bankruptcy in the Estate of Bruce Hamilton Roberts
Plaintiff
Helen Anne Roberts
Defendant
Procedural Posture
Application Under Sub Part 5 of Part 6 of the Property Law Act 2007 for Realisation of Bankrupt's Interest / Summary Judgment Hearing; Default Judgment Entered
Legal Issues
- 1 Whether adjudication of bankruptcy severed the joint tenancies and vested the bankrupt's interests in the Official Assignee
- 2 Whether the Official Assignee is entitled to summary judgment to realise the bankrupt's interests in the properties
- 3 Whether judgment by default is appropriate given the defendant's failure to take any step in the proceeding
Ratio Decidendi
The adjudication of bankruptcy severed the joint tenancies and vested the bankrupt's interests in the Official Assignee, and because the defendant did not oppose the application the Official Assignee was entitled to summary judgment to realise those interests and to costs.
Court Disposition
Judgment entered for the plaintiff in the terms of the statement of claim; plaintiff entitled to realise the bankrupt's interest in the two Lind Street properties
Orders
- Judgment entered in favour of the plaintiff against the defendant in terms of the prayer for relief contained in the plaintiff's statement of claim
- Plaintiff awarded costs on a Category B basis fixed at 9812.00 NZD
Full Case Text
Judgment text and source record
1 paragraphs
THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE ESTATE OF BRUCE HAMILTON ROBERTS vHELEN ANNE ROBERTS [2018] NZHC 2027 [9 August 2018]IN THE HIGH COURT OF NEW ZEALANDPALMERSTON NORTH REGISTRYI TE KŌTI MATUA O AOTEAROATE PAPAIOEA ROHECIV-2018-454-49[2018] NZHC 2027UNDER Sub-part 5 of pt 6 of the Property Law Act2007BETWEEN THE OFFICIAL ASSIGNEE INBANKRUPTCY IN THE ESTATE OFBRUCE HAMILTON ROBERTSPlaintiffAND HELEN ANNE ROBERTSDefendantHearing: 9 August 2018Appearances: Mr D Kerr for plaintiffNo appearance by or for defendantJudgment: 9 August 2018JUDGMENT OF ASSOCIATE JUDGE JOHNSTON[1] This proceeding was called in the Wellington Commercial List today. TheOfficial Assignee was represented by Mr Kerr. There was no appearance by or for thedefendant. The defendant has taken no step in this proceeding.[2] The bankrupt, Bruce Roberts, and the defendant, Helen Roberts, are a marriedcouple. They are the registered proprietors, as joint tenants, of two adjourningproperties in Lind Street in Feilding. Mr Roberts was adjudicated bankrupt in thisCourt on 6 April 2017. As a matter of law his adjudication operated to sever the jointtenancy in respect of each of the two properties and to vest his interest in them in theOfficial Assignee as the Assignee of his Estate in bankruptcy. One of the properties issubject to a mortgage registered by the ANZ National Bank Ltd.[3] On 29 May 2018 the plaintiff commenced this proceeding as a means ofrealising Mr Robert's interest in the properties. By notice of application dated 29 May2018 she sought summary judgment against the defendant.[4] As already recorded, the defendant has taken no steps to oppose thatapplication.[5] Accordingly, the plaintiff is entitled to seek judgment by default.[6] Prior to today's hearing Mr Kerr arranged to file an affidavit made byMs Joanne Basher who is the Official Assignee at both Wellington and Napier and hasoverall responsibility in relation to this matter. Ms Basher's affidavit records thehistory of the matter. It is unnecessary for me to relate this here.[7] I am satisfied that the plaintiff is entitled to the judgment she seeks and I enterjudgment in favour of the plaintiff against the defendant in terms set out in the prayeror relief contained in the plaintiff's statement of claim.[8] The plaintiff is entitled to costs on a Category B basis which I set at $9,812.00together with disbursements of $2,042.85.Associate Judge JohnstonSolicitors:Lunn & Associates, Napier for plaintiff