New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Service outside new zealand

  • 21 Mar 2022

    SOUTHPAC 2015 LIMITED (IN LIQUIDATION) v DZIAMSKA [2022] NZHC 530

    Citation
    [2022] NZHC 530
    Court
    High Court

    Given the debtor's New Zealand property, the debt's accrual in New Zealand and the prior New Zealand judgment, the Court found a real and substantial connection and granted retrospective leave under the High Court Rules to serve the bankruptcy notice and related adjudication documents outside New Zealand; substituted service by leaving documents at the property, service on a neighbour and Facebook Messenger was authorised; the period for compliance under s17(4) was set at 10 working days; costs reserved.

    • Substituted service
    • Service outside new zealand
    • Bankruptcy notice
    • Leave to serve
    • High court rules
    • S17(4) insolvency act 2006

  • 23 Aug 2011

    WILTSHIRE INVESTMENTS LTD V SYMONS HC AK CIV-2011-404-423

    Citation
    openlaw-8858a590_ee53_4135_83a2_c8f063700bab.pdf
    Court
    High Court

    On the evidence available when the substituted service order was made the debtor had not established he was living outside New Zealand on a permanent or semi-permanent basis; the substituted service order was therefore properly made and service in accordance with it was valid, and the asserted cross-claim had already been raised and rejected in the underlying proceedings so could not be used to set aside the bankruptcy notices; accordingly the applications were dismissed.

    • Substituted service
    • Service outside new zealand
    • Setting aside bankruptcy notice
    • Counterclaim
    • Set-off

  • 29 Apr 2009

    WANG V EQUITABLE PROPERTY HOLDINGS LTD HC AK CIV 2008-404-005904

    Citation
    openlaw-6bff004a_5ec2_48cf_8e2c_ab22f4bc40c2.pdf
    Court
    High Court

    Because the bankruptcy notice was served while the debtor was outside New Zealand without court permission and the creditor could not establish an act of bankruptcy within the statutory three‑month period, the jurisdictional preconditions in ss 13 and 36 of the Insolvency Act 2006 were not met; therefore the application for an adjudication order must be dismissed.

    • Service outside new zealand
    • Act of bankruptcy
    • Jurisdictional requirements for adjudication
    • Adjudication order