Kiwibank Limited v Aitken

[2023] NZHC 2859

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2023-409-303

[2023] NZHC 2859

BETWEEN

KIWIBANK LIMITED

Judgment Creditor

AND

HARLEY JASON AITKEN

Judgment Debtor

Hearing:	(On the papers)
Counsel:	M J Robinson and C J Pendleton for Judgment Creditor
Judgment:	11 October 2023

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Substituted service)

KIWIBANK LIMITED v AITKEN [2023] NZHC 2859 [11 October 2023]

[1]                  Kiwibank Limited applies for substituted service orders against Mr Harley Aitken. Kiwibank Ltd seeks to serve on Mr Aitken the sealed bankruptcy notice dated 25 May 2023, certificate of judgment dated 25 May 2023, together with a copy of the judgment by default dated 7 February 2023 (the documents).

[2]                  I am satisfied having regard to the evidence of the process server involved that Mr Aitken is avoiding service. It is appropriate that an order for substituted service be made given Mr Aitken cannot be promptly served.

[3]Accordingly, I make the following orders:

(i)personal service of the documents is dispensed with;

(ii)service of the documents on Mr Aitken will be deemed to be effective upon the documents together with a sealed copy of this order, being sent by photograph by way of text message to Mr Aitken’s cell phone set out in the application; and

(iii)service will deemed to be completed two working days after the above text message is sent.

Costs

[4]The costs of this application are reserved.

[5]                  This application for substituted service is adjourned against the possibility that further documents cannot be served on Mr Aitken. In that case, Kiwibank Ltd is to, by memorandum, seek any further orders that are required, confirming that personal service of further documents has not been possible.

[6]                  The interlocutory application filed on behalf of Kiwibank Ltd does not  contain  a certificate as required for a without notice application. The order for substituted service is not to be sealed until counsel for Kiwibank Ltd files a certificate in the form

required for a without notice application. That certificate can be found at paragraph 5 of Form G32 which is part of Schedule One to the High Court Rules 2016. That certificate may be in the form of a memorandum and can be filed at the same time as the order for sealing.

Associate Judge Lester

Solicitors:
Turner Hopkins, Takapuna (for Judgment Creditor)