Lin v Westpac New Zealand Limited

[2012] NZHC 2039

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-2893 [2012] NZHC 2039

UNDER  the Insolvency Act 2006

BETWEEN  JIANJUN LIN Judgment Debtor

ANDWESTPAC NEW ZEALAND LIMITED Judgment Creditor

CIV-2012-404-2896

AND UNDER                 the Insolvency Act 2006

BETWEEN  ZHIJIAN LIN Judgment Debtor

ANDWESTPAC NEW ZEALAND LIMITED Judgment Creditor

Hearing:         9 August 2012

Appearances: Mr Maday for Respondent

No appearance for Applicants

Judgment:      9 August 2012

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Counsel:

MinterEllisonRuddWatts, P O Box 3798, Auckland – [email protected]

Jianjun Lin, P O Box 276138, Manukau – [email protected]

LIN V WESTPAC NEW ZEALAND LIMITED HC AK CIV-2012-404-2893 [9 August 2012]

[1]      The applicants have filed and served applications to set aside bankruptcy notices.   The bankruptcy notices were served in CIV-2012-404-002893 on 3 July

2012 and in CIV-2012-404-002896 on 4 July 2012.

[2]      Applications to set aside the bankruptcy notices were respectively filed on 17

July and 18 July.

[3]      The Rules require that applications to set aside were filed and served on the

17th and 18th July respectively.

[4]      In the case of CIV-2012-404-002893 and application was filed on the 18th July and was therefore late and out of time.  In the case of CIV-2012-404-002896, the application was required to be filed and served on 18 July 2012.  It was filed 18

July but there is sworn evidence that the application was never served.  There is no jurisdiction to extend time.  Both applications must fail and accordingly they will be dismissed.  The respondent in each case will have costs on a 2B basis together with

disbursements as fixed by the Registrar.

J.P. Doogue

Associate Judge