Dennis v Goode

[2023] NZHC 445

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-593

[2023] NZHC 445

BETWEEN

PETER RAYMOND DENNIS, PAUL STUART GOOBY and DEIRDRE

McNABB, as executors of the Estate of Phyllis Lorraine Frances Dennis Judgment Creditors

AND

BEVAN JOHN GOODE

Judgment Debtor

Hearing:	(Determined on the papers)
Counsel:	S M Bevin for Judgment Creditors
Judgment:	9 March 2023

JUDGMENT OF ASSOCIATE JUDGE LESTER

(as to substituted service)

DENNIS v GOODE [2023] NZHC 445 [9 March 2023]

[1]                 The judgment creditors apply for an order for substituted service as against the judgment debtor.

[2]                 I am satisfied having regard to the evidence of the process servers involved and of Ms Freeman, that reasonable efforts have been made to serve the bankruptcy notice on the judgment debtor and it cannot be promptly served.

[3]                 I am further satisfied that the following orders which I make, represent the method of service likely to bring the documents to the attention of the judgment debtor.

Orders

[4]I direct:

(a)personal service on the judgment debtor of the bankruptcy notice and all other bankruptcy documents filed (the Documents) is dispensed with;

(b)service on the judgment debtor will be deemed to be effective upon completion of the following steps:

(i)affixing a copy of the Documents along with a copy of this Order in a sealed envelope addressed to the judgment debtor, to the gate of the address given in the interlocutory application for substituted service dated 7 March 2023 (the application); and

(ii)placing a copy of the Documents along with a copy of this Order in a sealed envelope addressed to the judgment debtor, into the letterbox of the property at set out in para 1.1.1 of the application; and

(iii)emailing a copy of the Documents along with a copy of this Order to the email address set out at para 1.1.3 of the application;

(iv)sending a text message to the judgment debtor’s cell phone number, referred to in the affidavit of Mr van  Beek sworn     6 March 2023, advising that an order for substituted service of the bankruptcy notice has been made and that the bankruptcy notice is deemed to have been served upon the judgment debtor by the notice being left at his address and by it being emailed to the judgment debtor.

[5]                 The documents will be treated as served three working days after completion of 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 event, the memorandum should contain counsel’s confirmation that 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 fixed on a 2B basis and are, with disbursements as fixed by the Registrar, to be costs in the cause.

Associate Judge Lester

Solicitors:

Cavell Leitch, Christchurch