ANZ National Bank Limited v Bagasra
[2012] NZHC 1346
•14 June 2012
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2012-404-0306 [2012] NZHC 1346
UNDER The Insolvency Act
BETWEEN ANZ NATIONAL BANK LIMITED Judgment Creditor
ANDMUSTAN BAGASRA Judgment Debtor
CIV-2012-404-0314
AND UNDER the Insolvency Act 2006
BETWEEN ANZ NATIONAL BANK LIMITED Judgment Creditor
ANDFEHMIDA BAGASRA Judgment Debtor
Hearing: 14 June 2012
Appearances: Ms Brugeyroux for Judgment Creditor
Mr and Mrs Bagasra in person
Judgment: 14 June 2012
ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE
Counsel;
Morgan Coakle, P O Box 114, Auckland – [email protected]
Mr and Mrs Bagasra, 40 Whangaoparaoa Road, Red Beach, Whangaparaoa Peninsula – by email:
ANZ NATIONAL BANK LIMITED V BAGASRA & Anor HC AK CIV-2012-404-0306 [14 June 2012]
[1] This proceeding was called on 30 May 2012. I then adjourned it to today for the reasons that I set out in my minute of 30 May 2012. Mr Bagasra has told me today that he seeks a further adjournment. It would appear that the reasons are substantially the same ones that he sought to justify an adjournment on the last date being:
(a) He has to give four weeks’ notice of his resignation from his position;
(b) He wished to advise his real estate clients;
(c) He hoped to raise the money (an offer has been made but rejected by the bank).
[2] Mr Bagasra had no basis to assume that the matter would be adjourned further today. He ought to have made his arrangements accordingly. The Court will proceed and make orders of adjudication today but on the basis that the orders are to lie in Court until 1 p.m. on 18 June 2012 to allow Mr Bagasra to make any arrangements that he considers ought to be made. That should be more than adequate time. The orders that I make in each case are orders of adjudication. Disbursements and costs in each case are fixed at $2,989.52. The orders are made at
11.15 a.m. The orders are to lie in Court until 1 p.m. on 18 June 2012.
J.P. Doogue
Associate Judge
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