Burchell v Commissioner of Inland Revenue HC Auckland CIV 2011-404-3464

[2011] NZHC 1813

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2011-404-3464

IN THE MATTER OF     the Insolvency Act 2006

AND IN THE MATTER OF of the bankruptcy of LW Burchell

BETWEEN  LLEWELLYN WILLIAM BURCHELL Judgment Debtor

ANDCOMMISSIONER OF INLAND REVENUE

Judgment creditor

Hearing:         16 December 2011

Appearances: JA Kleinbaum for judgment creditor

LW Burchell, judgment debtor in person, but left the court as I was about to pronounce this judgment

Judgment:      16 December 2011 at 12:28 PM

(ORAL) JUDGMENT OF ASSOCIATE JUDGE FAIRE [on application for adjudication order]

Solicitors:           Inland Revenue Department, PO Box 33 150, Takapuna

And to:              LW Burchell, 5 Sapphire Place, Auckland 0629

BURCHELL V COMMISSIONER OF INLAND REVENUE HC AK CIV 2011-404-3464 16 December 2011

[1]      The judgment creditor applies for an order adjudicating Llewellyn William

Burchell a bankrupt.  This matter has been called before me previously on 4 October

2011 and 3 November 2011.

[2]      My minutes of both dates explain what occurred on those occasions.

[3]      In my minute of 4 October 2011 I summarised the grounds upon which the judgment creditor relies in seeking an order for the adjudication of Mr Burchell.  In addition, I referred to the statutory provisions which that court must apply in dealing with such an application.

[4]     The judgment which is the foundation of the bankruptcy notice in this proceeding is a judgment of the North Shore District Court of 1 December 2010. The documents that have been made available to me do not disclose any appeal against that judgment.  It is apparent that what I was told on 3 November 2011 was not the correct position although I acknowledge that Mr Burchell may have quite innocently that that he had appealed the judgment which is the foundation for the bankruptcy notice.

[5]      I have been presented today with the solicitor’s certificate disclosing the amount outstanding that arises from the judgment at $34,103.46.  I am satisfied, for the reasons that are set out in my minute of 4 October 2011 that an act of bankruptcy has been committed in this case and that there is no jurisdictional reason why an order of adjudication should not now be made.

[6]      Accordingly I order that Llewellyn William Burchell be made bankrupt. [7]  The order is made at 12:28pm on 16 December 2011.

[8]      The Commissioner is entitled to an order for costs on the standard basis. Accordingly, I order that costs be paid to the Commissioner based on Category 2, Band B in accordance with the High Court Rules, together with disbursements as fixed by the Registrar.

[9]      As  with  previous  documents  that  have  been  issued  in  the  bankruptcy proceeding and recording my reasons, a copy of this judgment shall be emailed to Mr Burchell    at    the    email    address    that    he    confirmed    to    me,    namely [email protected].