Fletcher Concrete and Infrastructure Limited t/a Firth v Speakman

[2020] NZHC 2070

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CIV-2020-425-30

[2020] NZHC 2070

UNDER

the Insolvency Act 2006

AND

IN THE MATTER

of the bankruptcy of ROSS HADDON SPEAKMAN

BETWEEN

FLETCHER CONCRETE AND INFRASTRUCTURE LIMITED trading as FIRTH

Judgment Creditor

AND

ROSS HADDON SPEAKMAN

Judgment Debtor

Hearing:	(On the papers)
Counsel:	M J Robinson for Judgment Creditor
Judgment:	14 August 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

(orders as to substituted service)

This judgment was delivered by me on 14 August 2020 at 4.00pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

14 August 2020

FLETCHER CONCRETE AND INFRASTRUCTURE LTD t/a FIRTH v SPEAKMAN [2020] NZHC 2070

[14 August 2020]

[1]                 The judgment creditor, Fletcher Concrete and Infrastructure Ltd, applies for an order for substituted service against the judgment debtor, Ross Haddon Speakman.

[2]                 I am satisfied, having regard to the service report of Alison Steiner  dated    31 July 2020, that reasonable efforts have been made to serve the bankruptcy notice on the judgment debtor and that it cannot be promptly served.

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

Orders

[4]I direct:

(a)Personal service of the judgment debtor, Ross Haddon Speakman, with the bankruptcy notice and all other bankruptcy documents filed (the documents) is dispensed with;

(b)Service upon the judgment debtor will be deemed to be effective upon the completion of the following two events:

(i)the documents, together with this order, are left with an adult occupant at 250 Coronet Peak Road, R D 1, Queenstown, marked for the attention of the judgment debtor, or, in the absence of such person, by affixing the bankruptcy notice together with this order, to the front door of the said residence; in both cases under a covering letter requesting the person receiving the documents to bring them to the attention of the judgment debtor;

(ii)by a text message being sent to the judgment debtor’s cell phone number, advising him that the Court has made an order for substituted service permitting the bankruptcy notice and other documents to be served by them being left at 250 Coronet Peak Road, R D 1, Queenstown.

(c)The documents will be treated as served three working days after the completion of both steps pursuant to the directions at 4(b).

[5]                 The application for substituted service 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  case the memorandum should contain counsel’s confirmation either that the judgment debtor can still not be located or attaching evidence as to subsequent difficulties of service).

[6]                 The costs of the application are fixed on a 2B basis along with disbursements to be costs in the cause.

Associate Judge Lester

Solicitors:
Turner Hopkins, Auckland