Heat Pump Cleaning Company Limited (in liquidation) v Taylor

[2021] NZHC 28

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-393

[2021] NZHC 28

UNDER

the Insolvency Act 2006

BETWEEN

HEAT PUMP CLEANING

COMPANY LIMITED (IN LIQUIDATION)
First Judgment Creditor

VIVIEN JUDITH MADSEN-RIES and

HENRY DAVID LEVIN as Liquidators of HEAT PUMP CLEANING

COMPANY LIMITED (IN LIQUIDATION)
Second Judgment Creditors

AND

LEATRICE MARIE TAYLOR

Judgment Debtor

Hearing:	(On the papers)
Counsel:	P Shackleton for the Judgment Creditors
Judgment:	27 January 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Substituted Service)

This judgment was delivered by me on 27 January 2021 at 4.10 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 27 January 2021

HEAT PUMP CLEANING COMPANY LIMITED (IN LIQ) v L TAYLOR [2021] NZHC 28 [27 January 2021]

[1]                 The judgment creditors apply for an order for substituted service against the judgment debtor, Leatrice Marie Taylor.

[2]                 I am satisfied, having regard to the evidence filed in support of the application, that reasonable efforts have been made to serve the bankruptcy notice on the judgment debtor and that it cannot be served promptly.

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

Orders

[4]I direct:

(1)personal service of the judgment debtor with the bankruptcy notice and all other bankruptcy documents filed (“the documents”) is dispensed with;

(2)service on the judgment debtor will be deemed to be effected upon the completion of the following steps:

(a)the documents, together with a copy of the orders for substituted service are to be emailed to the judgment debtor at her two email addresses, and a text message is to be sent to her cell phone informing the judgment debtor that orders for substituted service have been made permitting service upon her by email. (One email address and cell phone number are set out in the without notice application for substituted service dated 18 December 2020 (the application for substituted service) at para 1(b)(i)) and the other at page 18 of Exhibit C of the Affidavit of Claudia Rose Bloomfield sworn 3 December 2020;

(b)sending by courier the documents and a copy of the order for substituted service to the address given at para 1(b)(ii) of the application for substituted service, for the attention of Leatrice

Marie Taylor – the courier pack to be marked “Private and Confidential”; and

(c)advertising in The Press in accordance with the draft advertisement attached to the application for substituted service.

(3)The documents will be treated as served three working days after the completion of all steps in the preceding paragraph.

[5]                 This application is adjourned with leave to the judgment creditors 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 as to service).

[6]                 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:
Meredith Connell, Auckland