Bannister v Centofanti

[2025] NZHC 475

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CIV-2024-476-34

[2025] NZHC 475

IN THE MATTER

of the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of Paul Lawrence Centofanti

BETWEEN

STEVEN MARSHALL BANNISTER

Judgment Creditor

AND

PAUL LAWRENCE CENTOFANTI

Judgment Debtor

Hearing:	(Determined on the papers)
Counsel:	G D Jones for Judgment Creditor
Judgment:	11 March 2025

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

BANNISTER v CENTOFANTI [2025] NZHC 475 [11 March 2025]

[1]                 The judgment creditor, Mr Bannister, applies for an order for substituted service as against the judgment debtor, Mr Centofanti.

[2]                 I am satisfied having regard to the evidence filed that reasonable efforts have been made to serve the bankruptcy notice on the judgment debtor and that it cannot be promptly served.

[3]                 I am further satisfied that the following directions which I make represent methods of service likely to bring the bankruptcy notice to the attention of the judgment debtor.

Orders

[4]I make the following orders:

(a)I order personal service of the bankruptcy notice on the judgment debtor is dispensed with.

(b)Service of the bankruptcy notice on the judgment debtor will be deemed to be effected upon the completion of the following two steps:

(i)It is emailed to the judgment debtor’s email address given at paragraph 3(a)(i) of the draft order as to substituted service. That email to be accompanied by a copy of the sealed order for substituted service.

(ii)A copy of the sealed order for substituted service and the bankruptcy notice is to be delivered to an adult occupant at the judgment debtor’s residential address given at paragraph 5 of the affidavit of Ms Simpson. If no adult occupant is present or will come to the door of the property, then a copy of the bankruptcy notice and this order is to be taped to the door of the property in a sealed  enveloped marked for the attention   of the judgment debtor.

(c)The documents will be treated as served one working day after the completion of both the above steps.

[5]                 This application is adjourned with leave to the judgment creditor to request by memorandum a further order as to substituted service in the event any adjudication application cannot be promptly served (in which event the memorandum should contain counsel’s confirmation either that the judgment debtor can still not be located, or attaching evidence as to subsequent difficulties of service.

[6]                 The costs of the application are fixed on a 2B basis and are, with disbursements, to be costs in the cause.

Associate Judge Lester

Solicitors:

Lane Neave, Christchurch (for Judgment Creditor)