Liberty Financial Limited v Wicksteed HC Tauranga CIV 2009-470-888

[2010] NZHC 1205

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2009-470-888

IN THE MATTER OF     the bankruptcy of Alys Ingrid Wicksteed

BETWEEN  LIBERTY FINANCIAL LIMITED Judgment Creditor

ANDALYS INGRID WICKSTEED Judgment Debtor

Hearing:         16 July 2010

Appearances: Mr Nolen for Judgment Creditor

Ms Wicksteed in person

Judgment:      16 July 2010

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Solicitors:

Lowndes Associates, P O Box 7311, Auckland – by email: [email protected]

Ms Wicksteed, 8A Leander Street, Mt Maunganui – by email: [email protected]

LIBERTY FINANCIAL LIMITED V  WICKSTEED HC TAU CIV-2009-470-888  16 July 2010

[1]      I gave a judgment in this matter on 25 June 2010 having heard from counsel for the judgment creditor, and from Ms Wicksteed, the debtor.   In the judgment I concluded that the case for adjudicating Ms Wicksteed had been made out and the proceeding was to be listed in the Bankruptcy Court for 16 July 2010 for the formal order adjudicating Ms Wicksteed to be made in open Court.

[2]      Ms  Wicksteed  has  since  filed  a  memorandum  in  which  she  attempts  to explain matters relating to service.   Whether she has a defence to the debt and whether as a matter of discretion, the Court should have regard to her personal interests in deciding whether to adjudicate her bankrupt and whether it was generally in the public interest that that should occur.  All of these points were dealt with in my original judgment and I regret that Ms Wicksteed appears to be of the view that the arguments that she advanced were not considered prior to the original judgment being issued.  Unfortunately, as I see it, the proper outcome in this case must be that Ms Wicksteed is to be adjudicated and I order accordingly.   The Court’s order is

timed at 10.25 am.  The creditor is to have costs and disbursements.

J.P. Doogue

Associate Judge