New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Adjudication discretion

  • 28 Mar 2013

    BRIAN STEWART COPLAND V WAYNE ERNEST GOODWIN HC DUN CIV-2012-412-000519

    Citation
    openlaw-e480ea07_0e6c_4d7e_8b62_a84cecc5a6cf.pdf
    Court
    High Court

    Although the substituted service order was made without the necessary evidentiary foundation of reasonable attempts at personal service and should not have been made ex parte, the order remained in force and was not challenged; service was deemed effected, the debtor had notice, the asserted cross‑claim lacked sufficient substance or particulars to displace adjudication, no prejudice resulted from the procedural defect and the discretionary factors under s37 weigh in favor of adjudication; accordingly the court adjudicated the debtor bankrupt.

    • Bankruptcy notice
    • Substituted service
    • Act of bankruptcy
    • Adjudication discretion
    • Cross-claim
    • Abuse of process

  • 13 Dec 2010

    JELLYMAN V FITZGIBBONS FLOOR COVERINGS LIMITED HC CHCH CIV-2010-409-000099

    Citation
    openlaw-f90d9d13_068b_41b6_858a_50b225594669.pdf
    Court
    High Court

    Section 13 requirements were met and the debtor failed to prove it would be just and equitable or otherwise appropriate to refuse adjudication because the repayment proposal was unrealistic, unsupported by company finances, the debtor's conduct was blameworthy, and the interests of finality and creditors outweighed the debtor's submissions; accordingly the Court adjudicated the debtor bankrupt and ordered costs.

    • Adjudication discretion
    • Section 36 and section 37
    • Public interest in bankruptcy
    • Repayment proposals and assets
    • Oppression