Aurecon New Zealand Limited v Dustin

[2012] NZHC 526

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2011-470-819 [2012] NZHC 526

UNDER  The Insolvency Act 2006

BETWEEN  AURECON NEW ZEALAND LIMITED Plaintiff

ANDIAN LUKE DUSTIN Defendant

Hearing:         23 March 2012

Appearances: Mr Lord for Creditor

Mr Dustin Debtor in person

Judgment:      23 March 2012

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Solicitors:

Craig Griffin & Lord, P O Box 9049, Newmarket, Auckland  - [email protected]

Mr Dustin.

AURECON NEW ZEALAND LIMITED V DUSTIN HC TAU CIV-2011-470-819 [23 March 2012]

[1]      Mr Dustin the debtor has explained his position.  Essentially it is that the debt which is the subject matter of this proceeding was not his personally but he was persuaded to give a guarantee for a company’s debt and that is the basis upon which the creditor has proceeded.

[2]      There is no dispute that a judgment was entered against Mr Dustin in the District Court of Tauranga on 19 September 2011 for a total amount of $49,242.71. Even though Mr Dustin says that the debt was not originally his, unfortunately he cannot go behind the judgment of the District Court.  That judgment must be given effect to unless and until such time as it is set aside, like any other judgment.  No steps have been taken to set that judgment aside and it therefore must be treated as a regular judgment and this Court is required to respect it.

[3]      I must say I am not without sympathy for the  position Mr Dustin finds himself.  As he says at the age of 60 he is having to start a new career.  However the circumstances as he has advised them to me would not amount to sufficient grounds to not proceed on the application of the creditor particularly in the light of Mr Dustin’s candid acceptance that he is in fact insolvent.

[4]      Accordingly there will be an order of adjudication and the creditor will have costs on a 2B basis and disbursements as fixed by the Registrar.  The order is made

at 10.16 a.m.

J.P. Doogue

Associate Judge