THE OFFICIAL ASSIGNEE v VEDDER [2019] NZHC 1340
Because the plaintiff demonstrated proper service, the defendant filed no defence or took any step, and the court was satisfied after considering the matters in s442 on the affidavit evidence, the Official Assignee was entitled to an order for sale under s339(1) and judgment was entered for the plaintiff.
Source-derived case information.
- Citation
- [2019] NZHC 1340
- Parties
- Plaintiff: The Official Assignee in bankruptcy in the estate of Russell George Vedder; Defendant: Deborah Anne Vedder
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 13 June 2019
- Procedural Posture
- Application for Sale of Property Under S339(1) Property Law Act 2007 / Summary Judgment Application; Judgment Entered
- Outcome
- Judgment for plaintiff; order for sale of property under s339(1) Property Law Act 2007; costs and disbursements awarded to plaintiff.
- Legal Topics
- Sale of Property Under S339(1), Bankruptcy Estate Administration, Summary Judgment/default Judgment, Court Consideration Under S442
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Official Assignee in bankruptcy in the estate of Russell George Vedder
Plaintiff
Deborah Anne Vedder
Defendant
Procedural Posture
Application for Sale of Property Under S339(1) Property Law Act 2007 / Summary Judgment Application; Judgment Entered
Legal Issues
- 1 Whether the Official Assignee is entitled to an order for sale of the property under s339(1) Property Law Act 2007
- 2 Whether the defendant has any defence or has taken steps in the proceeding
- 3 Whether the court is satisfied on the matters in s442 to make a sale order
Ratio Decidendi
Because the plaintiff demonstrated proper service, the defendant filed no defence or took any step, and the court was satisfied after considering the matters in s442 on the affidavit evidence, the Official Assignee was entitled to an order for sale under s339(1) and judgment was entered for the plaintiff.
Court Disposition
Judgment for plaintiff; order for sale of property under s339(1) Property Law Act 2007; costs and disbursements awarded to plaintiff.
Orders
- Order for sale of the property under s339(1) Property Law Act 2007
- Judgment entered for the plaintiff
Full Case Text
Judgment text and source record
1 paragraphs
THE OFFICIAL ASSIGNEE v VEDDER [2019] NZHC 1340 [13 June 2019]IN THE HIGH COURT OF NEW ZEALANDPALMERSTON NORTH REGISTRYI TE KŌTI MATUA O AOTEAROATE PAPAIOEA ROHECIV-2019-454-6[2019] NZHC 1340UNDER section 339(1) of the Property Law Act 2007BETWEEN THE OFFICIAL ASSIGNEE in bankruptcyin the estate of Russell George VedderPlaintiffAND DEBORAH ANNE VEDDERDefendantHearing: 13 June 2019Appearances: D Kerr for plaintiffNo appearance by or for defendantJudgment: 13 June 2019JUDGMENT OF ASSOCIATE JUDGE JOHNSTON[1] In this proceeding the plaintiff, the Official Assignee at Palmerston North,seeks orders pursuant to s 339(1) of the Property Law Act 2007 for the sale of aproperty formerly owned by Mr Russell and Mrs Deborah Vedder in Horowhenua.Mr Vedder was adjudicated bankrupt by this Court on 13 October 2016. Since thenthe Official Assignee and Mrs Vedder have been the owners of the property.[2] This proceeding was commenced in February 2019. Along with the originatingdocumentation — notice of proceeding and statement of claim — the plaintiff filedand served an application for summary judgment and affidavit evidence in support ofthe same.[3] The Court has evidence as to service of the proceeding on the defendant.[4] The defendant, Mrs Vedder, has not entered a defence or taken any other stepin the proceeding.[5] Accordingly, the proceeding was placed in the Palmerston North commerciallist for call today.[6] Having reviewed the originating documentation and the other material alreadyreferred to, and having considered the matters to which the Court must have regardpursuant to s 442 before making an order under s 339(1), and the affidavit evidencerelating to those matters, and having heard Mr Kerr in support, I am satisfied that theplaintiff has established that the defendant has no defence to this claim and that theOfficial Assignee is entitled to the orders sought.[7] Accordingly, I enter judgment for the plaintiff in terms of the prayer for reliefset out in the statement of claim, together with costs of $14,160.50 and disbursementsof $2,172.10.Associate Judge JohnstonSolicitors:Lunn & Associates, Napier for the plaintiff