Carters Buildings Supplies Limited t/a Carters v Dhadli

[2024] NZHC 3540

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2024-404-2440

[2024] NZHC 3540

IN THE MATTER

of the Insolvency Act 2006

AND

IN THE MATTER

of the bankruptcy of Karam Dhadli

BETWEEN

CARTERS BUILDING SUPPLIES

LIMITED, trading as CARTERS Judgment Creditor

AND

KARAM DHADLI

Judgment Debtor

Hearing:	(On the papers)
Counsel:	P J Morris for Judgment Creditor
Judgment:	25 November 2024

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

This judgment was delivered by me on 25 November 2024 at 3:00 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

……………………………………………………

CARTERS BUILDING SUPPLIES LIMITED, trading as CARTERS v DHADLI [2024] NZHC 3540

[25 November 2024]

[1]    The judgment creditor, Carters Building Supplies Limited trading as Carters (Carters) applies for an order for substituted service against the judgment debtor, Mr Dhadli.

[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 order that personal service of the bankruptcy notice on the judgment debtor is dispensed with.

[5]    Service of the bankruptcy notice on the judgment debtor will be deemed to have been effected upon the completion of the following steps:

(i)A copy of the bankruptcy notice and this order for substituted service is sent by email to the address given at paragraph [1](a) of the application dated 13 November 2024, followed by a text message sent to the judgment debtor’s mobile number as set out at paragraph [1](a) of the application.

(ii)A copy of the bankruptcy notice and a copy of this order is left with an adult  occupant  at  the   address   given   at   paragraph   [2](a)   of  the application. If no adult applicant is present and prepared to accept the documents or if access to the property cannot be obtained, the bankruptcy notice and a copy of this order are to be taped to the door of the property or to the gate at the property, as appropriate, in a sealed envelope for the attention of the judgment debtor.

(iii)The bankruptcy notice will be treated as being served one working day after the completion of the above steps.

[6]    The application for substituted service 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 promptly be served (in which case the memorandum should contain counsel’s confirmation that leave of the judgment debtor can still not be located, or attaching evidence as to subsequent difficulties of service).

Costs

[7]The costs of this application are reserved but are to be costs in the cause.

Associate Judge Lester

Solicitors:
Stace Hammond, Hamilton