Moncur v Moncur

[2018] NZHC 1873

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-000132

[2018] NZHC 1873

IN THE MATTER

AND

Of the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of PAUL MICHAEL MONCUR

BETWEEN

ANGELA MARY MONCUR

Judgment Creditor

AND

PAUL MICHAEL MONCUR

Judgment Debtor

Hearing:	26 July 2018
Appearances:	M Rathod for Judgment Creditor Judgment Debtor in Person
Judgment:	26 July 2018

ORAL JUDGMENT OF VENNING J

Solicitors:           Craig Griffon & Lord, Auckland Copy to:  Judgment Debtor

MONCUR v MONCUR [2018] NZHC 1873 [26 July 2018]

[1]                  This is an application to adjudicate Mr Moncur bankrupt. It relates to a judgment entered in the Tauranga District Court on 17 May 2013 in the sum of

$223,728.82 including costs.

[2]                  When the matter was first before the Court it was adjourned. Mr Moncur has filed a notice of intention to oppose the application for adjournment. In that notice he makes a number of points. He says that the mediation agreement upon which the judgment is based was entered under duress. The judgment relates to former relationship issues. Mr Moncur considers that he had acted reasonably in dealing with the relationship issues but that the business that he had hoped to trade out of difficulty was unsuccessful and his business was put into liquidation.

[3]                  Despite the efforts that Mr Moncur has made to address his personal circumstances he has been unable to do so. He is now suffering from a number of health related issues. He advises the Court that he has no material wealth, does not own a home or anything of that nature.

[4]                  Although filing the opposition Mr Moncur has not raised anything of substance in terms of a positive defence to the application for adjudication. After discussion with him I understand his position to be now that he does not formally oppose adjudication. It may well be that given his current situation an adjudication and the ability for him to effectively clear his slate will not be too much of a disadvantage.

[5]                  In the circumstances I am satisfied that the grounds for the adjudication are made out. There will be an order adjudicating Mr Moncur bankrupt.

[6]                  There will be an order for costs on a 2B basis together with disbursements as fixed by the Registrar. The order is timed at 11.02 am.

Venning J