Nothling v Clayton

[2023] NZHC 2253

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV-2022-470-103

[2023] NZHC 2253

IN THE MATTER

AND

of the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of MARK ARNOLD CLAYTON

BETWEEN

LYNN ALTHEA NOTHLING, ZAK EDWARD NOTHLING and

ETH TRUSTEES (NOTHLING) LIMITED
Judgment Creditors

AND

MARK ARNOLD CLAYTON

Judgment Debtor

Hearing:	14 August 2023
Appearances:	GC Jenkin for the Judgment Creditors DG Hayes for the Judgment Debtor
Judgment:	18 August 2023

JUDGMENT OF ASSOCIATE JUDGE SUSSOCK

This judgment was delivered by me on 18 August 2023 at 4 pm pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

Solicitors:

NZ Commercial Law Group Ltd, Hamilton. GC Jenkin, Princes Chambers, Auckland.

NOTHLING v CLAYTON [2023] NZHC 2253 [18 August 2023]

[1]                 The judgment creditors apply for an order adjudicating Mark Arnold Clayton bankrupt. Mr Clayton initially opposed the application and a hearing was held on Monday, 14 August 2023. At the end of the hearing I reserved my decision.

[2]                 A memorandum has been filed today on behalf of Mr Clayton seeking to withdraw his opposition. The memorandum confirms Mr Clayton understands that this means the application will be granted and he will be adjudicated bankrupt.

[3]                 Counsel further explains that the reason for this change of instructions is that Mr Clayton has confirmed that he is unable to pay the debt, even if given time, and he has other creditors who are also seeking to bankrupt him. In Mr Clayton’s view there is no point in delaying the inevitable.

[4]                 On this basis I make the order for adjudication sought together with an order for costs.

Result

[5]I order:

(a)Mark Arnold Clayton is adjudicated bankrupt with effect from 3.30pm today; and

(b)costs are awarded on a 2B basis plus disbursements to be fixed by the Registrar.

Associate Judge Sussock