Official Assignee v Elite Telecomms Limited

[2023] NZHC 2306

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2022-442-038

[2023] NZHC 2306

UNDER

sections 206(6) and 207 of the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of Mila Amber

BETWEEN

THE OFFICIAL ASSIGNEE

Applicant

AND

ELITE TELECOMMS LIMITED

Respondent

Hearing:	23 August 2023
Counsel:	P R W Chisnall and D M L Dingwall for Applicant M R C Wolff for Respondent
Judgment:	23 August 2023

JUDGMENT OF ASSOCIATE JUDGE PAULSEN

This judgment was delivered by me on 23 August 2023 at 4.30 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

OFFICIAL ASSIGNEE v ELITE TELECOMMS LIMITED [2023] NZHC 2306 [23 August 2023]

[1]    In a judgment dated 3 August 2023, I cancelled a transaction whereby a property at 46 Weka Street, Nelson was transferred by Mila Amber to the respondent, Elite Telecomms Ltd (Elite), and ordered that the property be transferred to the Official Assignee under s 207(1)(a) of the Insolvency Act 2006.1 In anticipation of the possibility that further orders may be required to effect the transfer of the property, I directed that counsel for the Official Assignee was to submit a draft order for sealing.2

[2]    That draft order has been provided. Further orders are sought to give effect to my judgment as follows:

(a)that the Registrar of the High Court is to sign a private client Authority and Instruction form in the name of Elite Telecomms Ltd, as transferor, transferring the property to the Official Assignee;

(b)that the Registrar of the High Court is to sign all the documents necessary to enable the Official Assignee to register a transfer of the property with Land Information New Zealand (LINZ); and

(c)that the Official Assignee shall have leave to seek any further ancillary orders required to give effect to the transfer by filing a memorandum of counsel.

[3]    I directed that the draft order be served on the solicitors for Elite and arranged a telephone conference today to hear any submissions Elite wished to make in respect to the contents of the draft order.

[4]    Mr Chisnall advised that the solicitors for the Official Assignee have confirmed with LINZ that a signed Authority and Instruction form will be required from the transferor and the transferee in order to register a transfer of the property by e-dealing. He submitted these orders are required to give effect to the judgment.

1      Official Assignee v Elite Telecomms Ltd [2023] NZHC 2048.

2 At [83].

[5]    Mr Wolff advised me that he has had no instructions from Elite since the judgment was issued on 3 August 2023. The draft order had been sent to Elite but as Mr Wolff had no instructions he was unable to make any submissions as to the form of the draft order.

[6]    I am satisfied that Elite has received the judgment and the draft order. It has given no instructions to its solicitors in relation to either. In the absence of some indication from Elite that it will cooperate to effect a transfer of the property to the Official Assignee or that it opposes the terms of the draft order, I consider the orders sought are appropriate and necessary to give effect to the judgment.

Result

[7]    There shall be a direction that the Registrar seal the order of the Court in the form submitted by the Official Assignee.

[8]Costs are reserved and shall be determined as costs of the proceeding.

O G Paulsen

Associate Judge

Solicitors:

Insolvency & Trustee Service (D Dingwall), Christchurch Morrison Kent, Wellington