ASB Bank Limited v Circuitt

[2012] NZHC 1843

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CIV-2011-441-691 [2012] NZHC 1843

IN THE MATTER OF     the Insolvency Act 2006

AND

IN THE MATTER OF     the bankruptcy of GEOFFREY JAMES PERRY CIRCUITT

Judgment Debtor

BETWEEN  ASB BANK LIMITED Judgment Creditor

Hearing:         26 July 2012 (Heard at Napier)

Judgment:      26 July 2012

ORAL JUDGMENT OF ASSOCIATE JUDGE D.I. GENDALL

Solicitors:           Minter Ellison Rudd Watts, Solicitors, PO Box 3798, Auckland

ASB BANK LIMITED v GJP CIRCUITT HC NAP CIV-2011-441-691 [26 July 2012]

[1]      Before the Court is an application by the judgment creditor seeking an order to have the judgment debtor adjudicated bankrupt.

[2]      Ms Hall appeared as counsel for the judgment creditor before me today.

[3]      This is the fourth call of this matter it having originally been before this

Court on 15 February 2012.

[4]      Previous adjournments have been granted on the basis as requested by the judgment creditor that the judgment debtor had been seriously ill and had been admitted to hospital.

[5]      Ms Hall for the judgment creditor confirmed today that the judgment debtor died on 18 July 2012.

[6]      Notwithstanding that, r 24.21 High Court Rules states that if a debtor against whom a bankruptcy application is filed dies, the application must, unless the Court otherwise orders, be continued as if the debtor were alive.

[7]      There  is  no  appearance  on  behalf  of  the  judgment  debtor’s  estate  or

administrators before me today.

[8]      The present application is based upon a debt owing to the judgment creditor of some $69,857.48.  This represents an order obtained against the judgment debtor by way of summary judgment in this Court on 21 July 2011.

[9]      A Bankruptcy Notice was issued and served on the judgment debtor on 2

November 2011.  No steps were taken by or on his behalf in response to that notice.

[10]     The  present  adjudication  application  followed.    There  has  also  been  no defence or Notice of Opposition to that application filed.

[11]     Under all the circumstances here I am satisfied that the present application should continue in terms of r 24.21 High Court Rules.

[12]     That said, I am satisfied that an order for adjudication is appropriate here.

Orders

[13]     An order is now made adjudicating the judgment debtor, Geoffrey James

Perry Circuitt bankrupt.

[14]     Costs are awarded to the judgment creditor on a 2B basis together with disbursements as fixed by the Registrar.

[15]     This order is timed at 10.24 am.

‘Associate Judge D.I. Gendall’