IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CIV-2022-488-82
[2023] NZHC 2016
UNDER the Insolvency Act 2006 IN THE MATTER OF
the bankruptcy (or proposal) of DONALD ALFRED SKELTON
BETWEEN
NORRIS WARD McKINNON
of Hamilton, a partnership trading as a law firm
Judgment Creditor/ApplicantAND
DONALD ALFRED SKELTON of Waimate
North, Kaikohe
Judgment Debtor/Respondent
Hearing: 10 July 2023 Appearances:
J D Savage for the Judgment Creditor(by AVL) Judgment Debtor is self-represented
Judgment:
31 July 2023
JUDGMENT OF ASSOCIATE JUDGE C B TAYLOR
[Application for an adjudication in bankruptcy]
This judgment was delivered by me on 31 July 2023 at 3:00pm
pursuant to Rule 11.5 of the High Court Rules
…………………………. Registrar/Deputy Registrar
Solicitors:
Norris Ward McKinnon (Jesse Savage/Nathan Scrivener), Hamilton, for the Judgment Creditor
NORRIS WARD McKINNON v SKELTON of Waimate North, Kaikohe [2023] NZHC 2016 [31 July 2023]
Table of Contents
Paragraph
Introduction [1]
Background [2]
Norris Ward McKinnon’s application for order for adjudication [8]
Mr Skelton’s opposition [12]
Affidavit of Donald Alfred Skelton, dated 1 June 2023 [13] Response affidavit of Soroya Elizabeth McGall, dated 26 June 2023 [17] Reply affidavit of Donald Alfred Skelton, dated 27 June 2023 [18] Legal principles [23]
Analysis [30]
Transfer of assets to defeat creditors [31]
Sale of the kiwifruit cultivars [33]
Land sales [35]
Preferential payment to other creditors [37]
Mr Skelton’s submissions [38]
Mr Skelton’s health [39]
Result [40]
Orders [43]
Introduction
[1] Norris Ward McKinnon seeks that Mr Donald Skelton (Mr Skelton) be adjudicated bankrupt.
Background
[2] This application arises for a debt derived from a 24 June 2020 judgment of the High Court at Hamilton,1 and related 14 August 2020 cost orders.2 The debt owed is said to be $203,484.16, comprising the orders made by the High Court, costs, disbursements and interest.
[3] Norris Ward McKinnon served a bankruptcy notice dated 4 November 2022 and the certificate of judgment on Mr Skelton on 17 November 2022. The last day for compliance with the bankruptcy notice was 1 December 2022. Mr Skelton did not comply with the bankruptcy notice or apply to set it aside.
[4] Norris Ward McKinnon made the present adjudication application on 12 December 2022, Mr Skelton’s act of bankruptcy, the noncompliance with the bankruptcy notice, being within three months of that date.
[5] On 24 April 2023, the application was first called before Associate Judge Gardiner where Mr Skeleton, despite having no legal representation and having not filed a statement of claim, did not want the court to make the adjudication as he claimed to have no assets. Associate Judge Gardiner, noting the Court’s discretion to refuse adjudication based on a lack of assets and the age and health of the debtor, sought the matter be relisted for 6 June 2023 by which point Mr Skelton should have sworn an affidavit as to his assets and should bring a support person.3
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- Case
- [2023] NZHC 2016
- Decision Date
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