Commissioner of Inland Revenue v Bassett

[2018] NZHC 1872

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000275

[2018] NZHC 1872

IN THE MATTER

AND

of the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of RANGIMARIE BASSETT

BETWEEN

THE COMMISSIONER OF INLAND REVENUE

Judgment Creditor

AND

RANGIMARIE BASSETT

Judgment Debtor

Hearing:	26 July 2018
Appearances:	M J Hartfield for Judgment Creditor Judgment Debtor in Person
Judgment:	26 July 2018

ORAL JUDGMENT OF VENNING J

Solicitors:           Inland Revenue, Legal and Technical Services, Auckland Copy to:  Judgment Debtor

THE COMMISSIONER OF INLAND REVENUE v BASSETT [2018] NZHC 1872 [26 July 2018]

[1]    The Commissioner seeks an order adjudicating Ms Bassett bankrupt. When the matter was called at 10.00 am there was no appearance and an order was made adjudicating her bankrupt as at 10.16 am. Ms Bassett has subsequently appeared. She seeks to have that order revisited.

[2]    I understand from discussion with her that she may have a joint interest in a property subject to a mortgage. She is currently in receipt of superannuation. The debt however goes back to a business Ms Bassett operated. I am advised by the Commissioner’s counsel that it goes back to the income year ending March 2016. The judgment debt was entered in the District Court on 20 September 2017.

[3]    This was the second time the matter was before this Court. It was originally before the Court on 28 June. On that day an adjournment was granted on Ms Bassett’s request to enable her to take advice. She has explained she has not yet taken that advice because of personal circumstances and a family emergency. However, despite those personal circumstances four weeks have passed without the matter being advanced at all. I am advised that a proposal had previously been put and considered and rejected.

[4]    In the circumstances I decline Ms Bassett’s application to revisit the order that the Court has made. The order for adjudication stands.

Venning J