IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV-2011-409-0002055 [2012] NZHC 1715
IN THE MATTER OF the bankruptcy of DAVID JOHN HAMPTON
BETWEEN MINTER ELLISON RUDD WATTS Judgment Creditor
ANDDAVID JOHN HAMPTON Judgment Debtor
Hearing: 28 May 2012
(Heard at Christchurch)
Appearances: D J Hampton (Debtor/Applicant) In Person
C A Levermore for Creditor/Respondent
Judgment: 20 July 2012
JUDGMENT OF ASSOCIATE JUDGE OSBORNE [as to application to set aside bankruptcy notice]
Introduction
[1] This proceeding is yet another product of the litigation which has grown around Mr Hampton and his related entities (which I will refer to collectively as “Mr Hampton”) since they fell out with the Commissioner of Inland Revenue approximately 20 years ago.1
[2] Minter Ellison Rudd Watts (“Minter Ellison”) on 11 February 2010 obtained a judgment for $172,462.57 (plus interest and costs). They now have served a
bankruptcy notice on Mr Hampton.
1 Reference to my judgment in Chesterfields Preschools Ltd v Commissioner of Inland Revenue
(2011) 25 NZTC 20-092 at [2] provides details of some of that litigation.
MINTER ELLISON RUDD WATTS V HAMPTON HC CHCH CIV-2011-409-0002055 [20 July 2012]
The grounds of the application
[3] This judgment concerns Mr Hampton’s application for an order setting aside
the bankruptcy notice under s 24.10 High Court Rules.
[4] Mr Hampton says that the bankruptcy notice should be set aside for two reasons. These are:
(a) Mr Hampton has a cross-claim against Minter Ellison (s 17(1)(d) Insolvency Act 2006); and
(b)the Court in its discretion (reliance being placed on ss 37 and 38 of the Act) and pursuant to its inherent jurisdiction should set the notice aside because there is reason to believe that Mr Hampton will shortly receive quantification and payment of a costs judgment in his favour against the Commissioner of Inland Revenue.
Setting aside a bankruptcy notice – the principles
[5] Rule 24.10 provides:
Setting aside bankruptcy notice
(1) If an application to set aside a bankruptcy notice cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete, the time is treated as extended until the application has been determined.
(2) An act of bankruptcy is not committed by reason only of non- compliance with the notice until the application has been determined.
[6] Section 17(1)(a) of the Act provides:
17 Failure to comply with bankruptcy notice
(1) A debtor commits an act of bankruptcy if—
...
(d) the debtor has not, within the time limit specified in subsection (4), —
(i) complied with the requirements of the notice; or
(ii) satisfied the Court that he or she has a cross claim against the creditor.
...
[7] Both Mr Hampton and Ms Levermore adopted as the test for setting aside a bankruptcy notice the formulation of Cooke P in Sharma v ANZ Banking Group to which I return below.2
Factual background
[8] The background to Minter Ellison’s work for and judgment debt against Mr Hampton is set out in…
Keep reading for free
Create a free CaseChat account to read Minter Ellison Rudd Watts v Hampton and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2012] NZHC 1715
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.