New Zealand Case Law: Decisions & Judgments

Topic

Substituted service

Legal area

Court

18 Dec 2023

NUTTALL PROPERTIES LIMITED v CORCORAN [2023] NZHC 3763

Citation

[2023] NZHC 3763
Court

High Court

The court (implicitly granting the leave required under s 17(3) if the debtor is in Australia) found the debt was connected to New Zealand, that reasonable attempts at personal service had been made and personal service could be dispensed with; substituted service was ordered by emailing the bankruptcy notice to the debtor's email and personally serving the debtor's son, with documents deemed served three working days after both steps were completed, and costs were fixed on a 2B basis to be costs in the cause.
8 Dec 2023

CLEAVER v BOND [2023] NZHC 3588

Citation

[2023] NZHC 3588
Court

High Court

Applicant demonstrated a good arguable case that the defendant holds the applicant's inherited funds on trust, identified the defendant's ANZ account as an asset over which an order can apply, and established a real risk of dissipation given the defendant's non-disclosure; on balance of overall justice the Court granted a without-notice freezing order, ordered urgent disclosure of bank statements, allowed substituted service and waived the undertaking as to damages due to applicant's legal aid status.
28 Nov 2023

RYAN v RYAN [2023] NZHC 3400

Citation

[2023] NZHC 3400
Court

High Court

The applicant failed to provide a sufficient explanation for a significant delay in filing the appeal; timely appeals are required by the Act and rules, and because an alternative remedy in the Family Court under ss 109–110 remained available, special leave to extend time was refused.
21 Nov 2023

PEPPER NEW ZEALAND (CUSTODIANS) LIMITED v JUANMIRY [2023] NZHC 3298

Citation

[2023] NZHC 3298
Court

High Court

The court was satisfied that reasonable attempts at personal service had been made and, pursuant to s357 of the Property Law Act 2007, dispensed with personal service and ordered alternative methods of service (delivery to the property with leaving or affixing, email, Facebook contact and publication) as reasonably likely to bring the s119 notice to the mortgagor's attention.
25 Oct 2023

TAYLOR v COMMISSIONER OF INLAND REVENUE [2023] NZCA 515

Citation

[2023] NZCA 515
Court

Court of Appeal

Extension of time under r29A was declined because, although the delay was short and caused no apparent prejudice, the proposed appeal was clearly hopeless as s109 Tax Administration Act 1994 prevents the challenge to the tax assessment in District Court proceedings and the default judgment could not be successfully set aside.
19 Oct 2023

WELSFORD v WOODFORD [2023] NZHC 2937

Citation

[2023] NZHC 2937
Court

High Court

Because the defendant did not appear and liability under the settlement agreement was clear, the Court entered judgment for the plaintiff for the unpaid instalments (principal $33,333.28), awarded interest under s 9 of the Interest on Money Claims Act 2016 calculated to $938.26 to 19 October 2023, and awarded costs of $11,591.50 and disbursements of $3,702.50; further unaccrued instalments were adjourned to 21 March 2024 with leave to the plaintiff to bring the matter on earlier if required.
11 Oct 2023

KIWIBANK LIMITED v AITKEN [2023] NZHC 2859

Citation

[2023] NZHC 2859
Court

High Court

On the evidence that the respondent was avoiding service and could not be promptly served personally, substituted service was justified; the court ordered service by photograph sent via text message to the respondent's mobile with service deemed effective two working days after sending, and withheld sealing of the order until the required without‑notice certificate (Form G32 para 5) was filed.
26 Sept 2023

MILLS v FENG [2023] NZHC 2674

Citation

[2023] NZHC 2674
Court

High Court

The court struck out Feng's claims against the Mills Trust as not reasonably arguable because the claims were irrelevant to liability under the signed sale and purchase agreement, raised matters that could and should have been advanced in the summary judgment proceeding, did not establish a duty of care or a Fair Trading Act cause against a non‑trading vendor, and therefore did not constitute a genuine triable cross‑claim; accordingly the application to set aside the bankruptcy notice was dismissed.
22 Sept 2023

GVI LOGISTICS LIMITED v THE AQUAMAMMA GROUP PTY LIMITED [2023] NZHC 2658 [22 September 2023]

Citation

[2023] NZHC 2658
Court

High Court

Because the Brownell Drive address was listed as the company's registered office as at 29 June 2022, the process server's evidence that documents were left there on 16 February 2023 and the absence of any evidence from the defendants that the occupiers could not bring the documents to the company's attention supported a finding of effective service on Aquamamma subject to a short opportunity for the director to dispute; for Ms Gibson, multiple unsuccessful personal service attempts and the evidence of occupancy justified substituted service by leaving documents with an adult occupant or affix…
6 Sept 2023

PTW HOLDINGS LTD v HOVELL [2023] NZHC 2503

Citation

[2023] NZHC 2503
Court

High Court

Because the plaintiff made reasonable efforts at personal service, the defendant had knowledge of the proceeding and regularly corresponded by email, and further personal service was likely to fail, the court properly dispensed with personal service and ordered substituted service by email (with documents also left at the defendant's residence); service is to be deemed effective two working days after completion of those steps.