New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Service of bankruptcy notice

  • 2 Mar 2020

    MALLEY & CO LAWYERS (A FIRM) v BRYANT [2020] NZHC 341

    Citation
    [2020] NZHC 341
    Court
    High Court

    The judge found that the process server made reasonable efforts at known addresses, the judgment debtor was residing at the family address and evading service, and the bankruptcy notice could not be promptly personally served; accordingly r 6.8 permitted dispensing with personal service and substituted service on the debtor's father was ordered, with the notice treated as served on delivery to him.

    • Substituted service under r 6.8 high court rules 2016
    • Dispensing with personal service
    • Service of bankruptcy notice
    • Evasion of service

  • 1 Sept 2008

    FOUNDATION SECURITIES (NZ) LIMITED V ROBYN MARIE CASE HC AK CIV 2007-404-6964

    Citation
    openlaw-79d0f71d_0933_47f1_9034_a617a9e6aa0b.pdf
    Court
    High Court

    The petitioning creditor proved an available act of bankruptcy (failure to comply with a properly served bankruptcy notice), the debtor failed to demonstrate ability to pay debts as they arise or within a reasonable time, and the petitioning creditor's security was effectively valueless or exceeded by creditors (and would be lost to IRD priority under s50); accordingly the Court must adjudicate the debtor bankrupt and grant the petition.

    • Adjudication of bankrupt
    • Service of bankruptcy notice
    • Charging orders and secured creditors
    • Effect of trust transfers on security
    • Priority of crown/ird
    • Right of audience/representation

  • 1 Sept 2008

    FOUNDATION SECURITIES (NZ) LIMITED V ROBYN MARIE CASE HC AK CIV 2007-404-006964

    Citation
    openlaw-cfed9481_9d3d_415d_aedd_33446de86d6c.pdf
    Court
    High Court

    The debtor failed to comply with a properly served bankruptcy notice and did not demonstrate capacity to pay debts as they fell due; the petitioning creditor proved its debt and that its security did not exceed the debt by more than $200 when accounting for the Inland Revenue priority and s50; accordingly adjudication of bankruptcy was ordered.

    • Adjudication of bankruptcy
    • Available act of bankruptcy
    • Service of bankruptcy notice
    • Charging orders and security
    • Jurisdictional challenge (treaty of waitangi)
    • Costs assessment

  • 19 Dec 2006

    HISLOP V PRENDERGAST HC WHA CIV 2006-488-393

    Citation
    openlaw-bd720d10_49c7_4491_ad91_051a2d6ca5b6.pdf
    Court
    High Court

    The petition was dismissed because it was filed one day after the three-month statutory deadline in s23 and Rule 15 does not extend statutory filing periods, and therefore the petition did not comply with s23 and the court was not satisfied under s26.

    • Act of bankruptcy
    • Statutory time limit
    • Service of bankruptcy notice
    • High court rules r15
    • Section 23 insolvency act 1967
    • Section 26 insolvency act 1967