JEC no.2 Limited v Official Assignee at Hamilton

[2013] NZHC 1861

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV 2012-419-000904 [2013] NZHC 1861

UNDER  the Insolvency Act 2006

IN THE MATTER             of the bankruptcy of Christopher Louis

Fawcett

AND IN THE MATTER     of an application pursuant to ss 206 and

207

BETWEEN  JEC NO.2 LIMITED First Applicant

JEC NO.3 LIMITED Second Applicant

ANDTHE OFFICIAL ASSIGNEE AT HAMILTON

Respondent

Hearing:                   24 July 2013

Appearances:           No Appearance for the Applicants

P V Cornegé for the Respondent

Judgment:                24 July 2013

[ORAL] JUDGMENT OF WYLIE J

JEC NO.2 LIMITED & ANOR v THE OFFICIAL ASSIGNEE AT HAMILTON [2013] NZHC 1861 [24 July

2013]

[1]      This matter was called before me this morning in the civil list.

[2]      On 5 November 2012, Associate Judge Faire issued a judgment, the effect of which was to cancel certain irregular transactions and re-transfer a number of residential properties to the Official Assignee.  The applicants subsequently sought a recall of that judgment.  It was declined by Associate Judge Faire on 10 June 2013.

[3]      The applicants, through one of their directors, have lodged a notice of appeal with the Court of Appeal against Associate Judge Faire’s judgment of 10 June 2013. They have also sought a stay from this Court.

[4]      The Official Assignee, represented this morning by Mr Cornegé, argues that there is no right of appeal to the Court of Appeal because the proceedings before Associate Judge Faire were in chambers.[1]   The Official Assignee also takes the view that this Court has no jurisdiction to grant a stay, because it is not seized of the matter.  It says that any application has to be brought in the Court of Appeal.

[1] See Judicature Act 1908, s 26P

[5]      When the matter was called before me this morning — at approximately

9.15 am — there was no appearance on behalf of the applicants.   The matter was called within the Court building.  Mr Cornegé was expecting a representative of the applicants to appear.  However, no-one responded to that call.

[6]      The application for a stay is dismissed.

[7]      The Official Assignee is entitled to its costs on a category 2B basis, together with his reasonable disbursements.  Disbursements are to be fixed by the Registrar in

the event of dispute.

Wylie J