Davey v Khera

[2022] NZHC 2653

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2022-485-324

[2022] NZHC 2653

UNDER

the Insolvency Act 2006

IN THE MATTER

of an application to set aside a bankruptcy notice

BETWEEN

ROSS SCOTT DAVEY and LANA DOREEN DAVEY

Judgment Creditors

AND

AKSHAYA KHERA

Respondent

CIV-2022-485-325

UNDER

the Insolvency Act 2006

IN THE MATTER

of an application to set aside a bankruptcy notice

BETWEEN

ROSS SCOTT DAVEY and LANA DOREEN DAVEY

Judgment Creditors

AND

AKSHAYA KHERA

Judgment Debtor

CIV-2022-485-397

UNDER

the Companies Act 1993

IN THE MATTER

of liquidation proceedings

BETWEEN

ROSS SCOTT DAVEY and LANA DOREEN DAVEY

Plaintiffs

DAVEY v KHERA [2022] NZHC 2653 [13 October 2022]

AND

EXUBERANT LIMITED

Defendant

Hearing:

13 October 2022

Appearances:

T Gee and E Cox for Judgment Creditors in 324 and 325 proceedings and Plaintiffs in 397 proceeding

Mr Khera in person in 324, 325 proceedings and granted leave to address the Court for Exuberant in 397 proceeding

Judgment:

13 October 2022

JUDGMENT OF ASSOCIATE JUDGE JOHNSTON [RESULTS]

[1]                 This is a results judgment in the above three proceedings. It is issued after the recall of an oral results judgment that contained an important error. I have indicated to the parties that a fuller reasons judgment will be issued in due course.

[2]                 In the first two proceedings, that is to say CIV-2022-485-324 and CIV-2022-485-325, Mr Khera applies for orders setting aside bankruptcy notices served on him by Mr and Mrs Davey. I am satisfied that there is no basis to set those notices aside, and I dismiss both applications accordingly.

[3]                 In the third proceeding (CIV-2022-485-397) Mr and Mrs Davey seek an order winding up Exuberant Ltd. This is an even clearer case in which there is no defence, and I propose to make an order appointing liquidators, but on terms.

[4]The formal orders are as follows:

(a)Mr Khera’s applications in the 324 and 325 proceedings for orders setting aside the bankruptcy notices are dismissed.

(b)The judgment creditors Mr and Mrs Davey will have their costs on an indemnity basis together with such disbursements as may be allowed by the Registrar.

(c)In the 397 proceeding, I make an order appointing Iain Bruce Shephard and Jessica Jane Kellow as liquidators over the defendant company, Exuberant Ltd, in accordance with the terms set out in their Consent to Act dated 29 August 2022. That appointment is made subject to s 284 of the Companies Act. The liquidators will be entitled to exercise their powers individually pursuant to s 242 of the Companies Act. Again, the plaintiffs are entitled to their costs on an indemnity basis together with such disbursements as may be allowed by the Registrar.

(d)The order in (c) above will come into effect  at  4.00 pm  on Friday  21 October 2022 unless, prior to that date and time, the amount payable by Exuberant Ltd as set out in the statutory demand, together with all outstanding costs are paid in cleared funds to the solicitors acting for Mr and Mrs Davey.

Associate Judge Johnston

Solicitors:

Gibson Sheat, Wellington for Judgment Creditors in 324 and 325 and Plaintiffs in 397 proceedings Shine Lawyers, Auckland (Karl Robinson) for Judgment Debtor in 324 and 325 and Defendant in 397 proceedings