PGG Wrightson Limited v Donaldson

[2024] NZHC 1732

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CIV-2024-476-5

[2024] NZHC 1732

IN THE MATTER

of the Insolvency Act 2006

AND

IN THE MATTER

of the bankruptcy of Scott James Donaldson

BETWEEN

PGG WRIGHTSON LIMITED

Judgment Creditor

AND

SCOTT JAMES DONALDSON

Judgment Debtor

Hearing:	(On the papers)
Counsel:	M D W King for Judgment Creditor
Judgment:	27 June 2024

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

PGG WRIGHTSON LIMITED v DONALDSON [2024] NZHC 1732 [27 June 2024]

[1]                 The judgment creditor, PGG Wrightson Limited, applies for an order for substituted service as against the judgment debtor, Mr Donaldson.

[2]                 I am satisfied having regard to the evidence filed that reasonable efforts have been made to serve the bankruptcy notice on the judgment debtor and that it cannot be promptly served.

[3]                 I am further satisfied that the following directions which I make represent the method of service likely to bring the bankruptcy notice to the attention of the judgment debtor.

Orders

[4]I order:

(a)Personal service of the bankruptcy notice on the judgment debtor is dispensed with.

(b)Service of the bankruptcy notice on the judgment debtor will be deemed to be effected upon the completion of the following two events:

(i)it is emailed to the judgment debtor’s email address given at para [3(a)(i)] of the draft order dated 26 June 2024; and

(ii)personally served on one of the judgment debtor’s parents, Donna or Barry Donaldson at their residential address given at para [3(a)(ii)] of the draft order dated 26 June 2024.

(c)The documents will be treated as served one working day after the completion of both the above steps.

[5]                 The application is adjourned with leave to the judgment creditor to request by memorandum a further order as to substituted service in the event any adjudication application cannot be promptly served (in which event the memorandum should

contain counsel’s confirmation either that the judgment debtor can still not be located, or attaching evidence as to subsequent difficulties of service).

[6]                 The costs of the application are fixed on a 2B basis and are, with disbursements to be costs in the cause.

Associate Judge Lester

Solicitors:
Lane Neave, Christchurch (for Judgment Creditor)