Castlegate James (NZ) Limited v King

[2025] NZHC 1201

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

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

CIV-2024-476-28

[2025] NZHC 1201

UNDER

the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of BADEN ALLAN KING

BETWEEN

CASTLEGATE JAMES (NZ) LIMITED

Judgment Creditor

AND

BADEN ALLAN KING

Judgment Debtor

Hearing:	(On the papers)
Appearances:	J Ussher for Judgment Creditor
Judgment:	16 May 2025

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

CASTLEGATE JAMES (NZ) LIMITED v KING [2025] NZHC 1201 [16 May 2025]

[1]                 The judgment creditor, Castlegate James (NZ) Limited, applies for an order for substituted service against the judgment debtor, Mr King.

[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 it cannot be promptly served.

[3]                 I note the evidence of Mr Stevenson, the process server involved, does not specifically refer to attending at Mr King’s address given on the proceedings, but an internet search discloses the address on the proceedings is now offered for lease, presumably meaning Mr King no longer resides there. Mr Stevenson’s affidavit should have addressed that point.

[4]                 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 Mr King.

Orders

[5]I order:

(a)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 events:

(i)the bankruptcy notice and a copy of this order is emailed to the judgment debtor’s email address given at paragraph 1(a)(ii) of the application for substituted service dated 14 May 2025 (the application);

(ii)an advertisement in the form attached to the application is to be placed in the Timaru Herald;

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

[6]                 The 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 case the memorandum should contain counsel’s confirmation either that the judgment debtor can still not be located, or attaching evidence as to the subsequent difficulties of service).

[7]                 I note the application referred to advertising in the New Zealand Herald. Given it is understood Mr King is in the wider Timaru/South Canterbury area, the advertisement is to be placed in the Timaru Herald.

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

Associate Judge Lester

Solicitors:
United Legal Limited, Auckland (for Judgment Creditor)