Commissioner of Inland Revenue v Bate

[2016] NZHC 1318

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2016-485-116 [2016] NZHC 1318

UNDER

the Insolvency Act 2006

IN THE MATTER OF

the bankruptcy of Andrew Richard Bate

BETWEEN

COMMISSIONER OF INLAND REVENUE

Judgment Creditor

AND

ANDREW RICHARD BATE Judgment Debtor

On the Papers
Counsel:	T D Lancaster for the Judgment Creditor No appearance for the Judgment Debtor
Judgment:	17 June 2016

JUDGMENT OF ASSOCIATE JUDGE SMITH

[1]      On 31 May 2016, the judgment debtor was adjudicated bankrupt.

[2]      Before that date, counsel for the judgment creditor had filed a memorandum explaining a potential confusion in relation to the judgment debtor’s name.  In the District Court judgment on which the bankruptcy notice had been based, the debtor’s given names had been transposed, a feature which carried through into his name in the bankruptcy notice.  By the time the adjudication application was issued, counsel for the Commissioner had identified the transposition and in the documents filed from the application for adjudication order onwards, the debtor’s names appeared in the correct order.

[3]      Accordingly, when the Court adjudicated the judgment debtor bankrupt, it was  pursuant  to  the  application  for  adjudication  and  the  formal  order  should

correctly record the debtor as “Andrew Richard Bate”.

COMMISSIONER OF INLAND REVENUE v ANDREW RICHARD BATE [2016] NZHC 1318 [17 June 2016]

[4]      Technically, there remains a defect in the proceeding in that the bankruptcy

notice rendered the debtor’s given names in the reverse order.

[5]       For  the  purpose  of  remedying  the  defect  on  the  Court  file,  I recall  the judgment dated 31 May 2016.

[6]      I order that the defect in the bankruptcy notice whereby the judgment debtor (Andrew Richard Bate) is identified as “Richard Andrew Bate” is corrected so that the bankruptcy notice shall be treated as having read “Andrew Richard Bate”.    I dispense with amendment and re-service of the Notice.

[7]      Save to the extent of that order, the order made on 31 May 2016 stands as it

was made, with the debtor’s adjudication timed at 10.20 am on 31 May 2016.

Associate Judge Smith

Solicitors:

Inland Revenue Department, Legal and Technical Services, Wellington