Harmans t/a Harmans Lawyers v Fairbrass

[2021] NZHC 1563

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-27

[2021] NZHC 1563

BETWEEN

HARMANS trading as Harmans Lawyers, suing as a firm

Applicant

AND

SAMANTHA LYNNETTE FAIRBRASS

Respondent

Hearing:	(Determined on the papers)
Counsel:	M K Crimp for the Applicant
Judgment:	28 June 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Substituted Service)

This judgment was delivered by me on 28 June 2021 at 4.30 pm Pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 28 June 2021

HARMANS v FAIRBRASS [2021] NZHC 1563 [28 June 2021]

[1]        The applicant (judgment creditor) applies for an order for substituted service against the respondent (judgment debtor).

[2]        I am satisfied having regard to the evidence of the process server involved, Mr John Reekers, that reasonable efforts have been made to serve the bankruptcy notice dated 16 February 2021 on the judgment debtor and it cannot be promptly served.

[3]        I am further satisfied that  the following  directions  which 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 with the bankruptcy notice and all other bankruptcy documents filed in this proceeding (the documents) is dispensed with.

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

(i)by emailing a copy of the documents (together with a copy of the sealed order for substituted service) to the judgment debtor at her email address specified at para [1](a)(i) of the application dated 24 June 2021; and

(ii)by sending a text message to the judgment debtor’s mobile phone number referred to at para [1](a)(ii) of the application dated 24 June 2021, advising the judgment debtor the documents have been emailed to her email address in accordance with an order for substituted service of the Court.

(c)The documents will be treated as served three working days after completion of both steps pursuant to [4](b)(i) and (b)(ii) above.

(d)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 event 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).

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

Associate Judge Lester

Solicitors:
Harmans Lawyers, Christchurch