Asset Finance Limited v Bongard HC Auckland CIV 2009-404-4671

[2010] NZHC 1057

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2009-404-004671

UNDER  the Insolvency Act 2006

IN THE MATTER OF     the bankruptcy of Diana Bongard (aka

Dianna Bongard and Dianna-Jane Bongard)

BETWEEN  ASSET FINANCE LIMITED Judgment Creditor

AND  DIANA BONGARD (AKA DIANNA BONGARD AND DIANNA-JANE BONGARD

Judgment Debtor

Hearing:         15 June 2010

Appearances: Ms S Nicolson for Judgment Creditor

Ms Bongard in person

Judgment:      15 June 2010

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Counsel:

Osborne Attewell Clews, P O Box 641, Whakatane - by email:   [email protected]

Dianna-Jane Bongard – by email:   [email protected]

Copy:

Ms S Nicolson – by email: [email protected]

ASSET FINANCE LIMITED V BONGARD  HC AK CIV-2009-404-004671  15 June 2010

[1]      Ms Bongard appeared before me today, she had with her an accompanying person who spoke in her support.  Essentially the submissions that were made to me were that I did not have jurisdiction to deal with the present case and I did not have jurisdiction to deal with tangata whenua in this or any other matter.   There are a number of other submissions addressed to me.  I mean no disrespect to Ms Bongard but I was unable to understand them.   They were simply incomprehensible.   Ms Bongard though made it clear that she challenged my jurisdiction to embark upon this hearing.  I am aware of no reason why I should not and I intend to proceed.  The matters that the judgment creditor is required to establish have been proved.  These include service on Ms Bongard and the existence of a debt which is confirmed in the certificate by the solicitor which has been produced today by the judgment creditor. Accordingly there will be an order of adjudication.  The creditor will have costs on a

2B basis and disbursements as fixed by the Registrar.  The order is made at 11.16

a.m.

J.P. Doogue

Associate Judge