IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY
CIV-2016-418-000022 [2016] NZHC 2663
IN THE MATTER of the Insolvency Act 2006 AND
IN THE MATTER
of the bankruptcy of DOUGLAS BANKS
BETWEEN
GREY DISTRICT COUNCIL Judgment Creditor
AND
DOUGLAS BANKS Judgment Debtor
CIV-2016-418-000023
IN THE MATTER of the Insolvency Act 2006
AND
IN THE MATTER of the bankruptcy of CHRISTINE SANDRA BANKS
BETWEEN GREY DISTRICT COUNCIL Judgment Creditor
ANDCHRISTINE SANDRA BANKS Judgment Debtor
Hearing: 31 October 2016 Appearances:
J Shackleton for Judgment Creditor
Mr & Mrs Banks, Judgment Debtors, self-representedJudgment:
8 November 2016
JUDGMENT OF ASSOCIATE JUDGE MATTHEWS
GREY DISTRICT COUNCIL v BANKS [2016] NZHC 2663 [8 November 2016]
[1] On 12 July 2016 the judgment creditor, Grey District Council (the Council), applied to the High Court for the issue of bankruptcy notices against Mr and Mrs Banks. In each case the Council relied on a sum said to remain owing by both Mr Banks and Mrs Banks on a final sealed judgment of the Court dated 5 November
2013.
[2] Bankruptcy notices were duly issued and served on Mr and Mrs Banks on
5 August. They then filed a document described as “Notice of Joint Interlocutory Application for Leave to Seek Relief Orders in Bankruptcy Proceedings”, and affidavits in support. The application related to both Mr and Mrs Banks, and was filed and served within the time required, 10 working days of the date of service of the bankruptcy notice.1 The Court subsequently directed that a separate application
be filed by Mrs Banks.2
[3] Mr and Mrs Banks both applied for appointment of an amicus curiae in this case. This application was declined by Associate Judge Osborne as the principles relating to setting aside of bankruptcy notices are well-settled, and the Court is in a position to apply those principles regardless of any inadequacy there may be in the identification of the relevant principles in submissions which might be filed.3
[4] Mrs Banks presented submissions not only on her behalf, but also on behalf of Mr Banks, with leave.
[5] Although Mr and Mrs Banks’ applications are each 31 pages in length, the arguments they presented concentrated on two principal issues, interpretation and application of the Local Government Official Information and Meetings Act 1987 and a submission that the Court should order that the debt relied on for issue of the bankruptcy notice, and five other debts also the subject of court judgments, should be repaid on terms acceptable to them.
[6] Before turning to these principal arguments, I refer briefly to other points made by Mrs Banks, first that the Council’s procedure in relying on only one of the
1 ANZ Bank New Zealand Ltd v Edwards [2013] NZHC 2756; Insolvency Act 2006, s 17.
2 Grey District Council v Banks HC Greymouth CIV-2016-418-000022, 25 August 2016.
3 Grey District Council v Banks HC Greymouth CIV-2016-418-000022, 7 September 2016.
judgments as a foundation for its bankruptcy notice was flawed. Mr and Mrs Banks appear to be…
Keep reading for free
Create a free CaseChat account to read Grey District Council v Banks and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] NZHC 2663
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.