IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
CIV-2014-488-000028 [2014] NZHC 2473
UNDER the Insolvency Act 2006 IN THE MATTER OF
the bankruptcy of LESLIE GRAHAM POLLOCK
BETWEEN
FAR NORTH DISTRICT COUNCIL Judgment Creditor
AND
LESLIE GRAHAM POLLOCK Judgment Debtor
Hearing: 29 September 2014 Counsel:
Appearance:
G J A Day for the judgment creditor
LG Pollock, judgment debtor in person
Judgment:
29 September 2014
ORAL JUDGMENT OF ASSOCIATE JUDGE R M BELL
Solicitors: Far North Lawyers Ltd, Kerikeri
Copy to: L G Pollock, Awanui
Far North District Council v Pollock [2014] NZHC 2473 [29 September 2014]
Decision
[1] The Far North District Council has applied for an order adjudicating
Mr Pollock bankrupt. My decision is to adjourn this hearing until 24 November
2014 at 10.00 am. I adjourn it to give Mr Pollock the opportunity to pay the District
Council the debt, plus costs on this proceeding. If the debt has not been paid by 24
November 2014, I will consider adjudicating Mr Pollock bankrupt.
Reasons
[2] The Far North District Council has applied to bankrupt Mr Pollock because he did not comply with a bankruptcy notice. I will need to say something more about that bankruptcy notice.
[3] The bankruptcy notice was served on Mr Pollock on 18 March 2014. He had until 31 March 2014 to comply with the notice. He did not take any of the steps set out in the notice to comply with it. The Council has applied within three months of his committing this act of bankruptcy to have Mr Pollock adjudged bankrupt.
[4] Mr Pollock does not dispute his indebtedness to the Council. He does not dispute that he committed an act of bankruptcy, but he asks the Court in its discretion not to make an order of adjudication.
[5] Before I deal with Mr Pollock’s argument that I should not adjudicate him bankrupt, there are some technical issues to be addressed.
[6] The first relates to the bankruptcy notice that the Council served on Mr Pollock. The Council had obtained two orders for costs against Mr Pollock in the District Court at Kaitaia:
(a) for $8,477.37 in CIV-2009-029-39; (b) for $2,493.50 in CIV-2013-029-09. That is a total of $10,970.87.
[7] Judge de Ridder made the order for costs in the first proceeding when he struck out Mr Pollock’s claim against the Council seeking orders to prevent the Council selling by auction two pigs, which the Council had seized under the Impounding Act 1995. In the second proceeding, Mr Pollock sought the return of his pigs. Judge de Ridder dismissed that application, again making an order for costs in favour of the Council.
[8] The technical problem is that when the Council applied to the District Court for the issue of an evidential certificate, the District Court issued a single certificate for both orders for costs. That single certificate was made the basis for a single bankruptcy notice for separate final orders for costs.
[9] There is authority that there…
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- Case
- [2014] NZHC 2473
- Decision Date
CaseChat Overview and Summary
The legal issues in this case include whether the bankruptcy notice served on Mr Pollock was irregular due to combining two separate costs orders in one notice, and whether Mr Pollock has a viable cross-claim against the Council that could prevent him being adjudicated bankrupt. The judge found that while the bankruptcy notice was irregular, there was no prejudice to Mr Pollock and the proceeding could continue. The judge also found that Mr Pollock's grievances relating to his property going back to the 1980s were now statute barred and his allegations of forgery by the Council were not credible.
The judge adjourned the hearing to give Mr Pollock a chance to pay the debt and demonstrate his ability to pay his debts under section 37(b) of the Insolvency Act. If he does so, the Council's standing as a creditor will end and the proceeding will be dismissed. The judge noted that there was nothing in the conduct of the Council that suggested it had acted oppressively in seeking a remedy under the Insolvency Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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