25 Feb 2019
THE OFFICIAL TRUSTEE IN BANKRUPTCY as Trustee of the Bankrupt Estate of Pinehuia Mary Josephine Henare v HENARE [2019] NZHC 248
- Citation
- [2019] NZHC 248
- Court
- High Court
The application to dispense with service was declined because none of the r 7.46(3) criteria for proceeding without notice were satisfied, natural justice requires notice where third parties and the debtor will be affected (including mortgagee ANZ Whakatane), practical difficulty of overseas service does not justify dispensing with service, and the Article 17 right to challenge recognition does not replace the debtor's right to be served; accordingly leave to serve out was granted and service on ANZ Whakatane was directed, with further orders adjourned.