Fung v Westpac New Zealand Limited
[2012] NZHC 3111
•31 October 2012
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2012-404-4805 [2012] NZHC 3111
UNDER the Insolvency Act 2006
IN THE MATTER OF the bankruptcy of RONNY CHEE HENG FUNG
BETWEEN RONNY CHEE HENG FUNG Judgment Debtor
ANDWESTPAC NEW ZEALAND LIMITED Judgment Creditor
Hearing: 31 October 2012
Appearances: Ms Lim for Judgment Creditor
No appearance for Judgment Debtor
Judgment: 31 October 2012
ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE
Solicitors:
Simpson Grierson, Private Bag 92518, Wellesley Street, Auckland – [email protected]
Copy:RCH Fung, P O Box 51-578, Pakuranga, Auckland
FUNG V WESTPAC NEW ZEALAND LIMITED HC AK CIV-2012-404-4805 [31 October 2012]
[1] Mr Fung has sent an email to the Court dated 31 October at 9 a.m. advising that he sent appeal papers relating to the proceeding CIV-2012-404-5170 to the Court of Appeal yesterday and asked that the bankruptcy hearing for today be vacated “until the determination from the Court of Appeal”. Ms Lim has made enquiries with the Court of Appeal and I accept what she tells me which is that that the Court of Appeal has not received any such appeal.
[2] However, of more relevance is the fact that the judgment upon which the bankruptcy notice is based, was entered in the District Court at Manukau on 28
March 2011. There is no extant appeal against that judgment. Judgment has not been met. There is no reason why therefore the creditor should not be able to proceed today on the basis of a bankruptcy notice that has not been complied with. There is no matter, other than the request for adjournment that Mr Fung has made, which are relevant to the question of whether the Court ought to make an order of adjudication today. I am satisfied that such an order is appropriate and there will be an order of adjudication. The creditor will have costs on a 2B basis and
disbursements as fixed by the Registrar. The order is made at 11.36 a.m.
J.P. Doogue
Associate Judge
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