26 Oct 2017
PRESCOTT v AUCKLAND COUNCIL [2017] NZHC 2698
- Citation
- [2017] NZHC 2698
- Court
- High Court
Although the creditor arguably failed to serve certificates of judgment with the notices, that irregularity was curable under s 418 by treating the service date as 6 June 2017; however the applicant did not serve his application and supporting affidavit within the 10 working days required by the bankruptcy notices (service occurred 26 and 28 June 2017) so the applications to set aside were ineffective and acts of bankruptcy had occurred and the creditor's three-month period to file a bankruptcy application has expired; on the merits the applicant did not prove, on the balance of probabilities…