PIL Group Limited v Pirini

[2024] NZHC 1914

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-320

[2024] NZHC 1914

UNDER

the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of Slade Aaron Pirini

BETWEEN

PIL GROUP LIMITED

Judgment Creditor

AND

SLADE AARON PIRINI

Judgment Debtor

Hearing:	(On the papers)
Counsel:	K D Perry and J T Friedrichs for Judgment Creditor
Judgment:	12 July 2024

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

PIL GROUP LIMITED v PIRINI [2024] NZHC 1914 [12 July 2024]

[1]                 The judgment creditor, PIL Group Limited, applies for an order for substituted service of a bankruptcy notice against the judgment debtor, Mr Pirini.

[2]                 The evidence satisfies me that reasonable efforts were made to personally serve Mr Pirini with the District Court proceedings judgment, that judgment being the basis of the bankruptcy notices. Personal service of the District Court proceedings was not possible, leading to an order for substituted service being made in that  Court on      6 March 2024.

[3]                 The evidence is that PIL Group Ltd does not have any further information as to the whereabouts of Mr Pirini. In short, PIL Group Ltd says there is nothing more it can do to personally serve Mr Pirini and an order for substituted service on the same terms used in the District Court is appropriate. I agree with this submission.

[4]                 I am satisfied the following directions which I make, represent the methods of service likely to bring the bankruptcy notice, which PIL Group Ltd wishes to serve, to the attention of Mr Pirini.

Orders

[5]I order:

(i)personal service of the bankruptcy notice on Mr Pirini is dispensed with;

(ii)service of the bankruptcy notice on Mr Pirini will be deemed to be effected upon the completion of the steps specified at para [1](b)(i)-(v) of the application for substituted service dated 10 July 2024;

(iii)the bankruptcy notice will be treated as served one working day after the completion of the last of the steps set out in (ii) above.

[6]                 The application for substituted service is adjourned with  leave  to  PIL  Group Ltd 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 Mr Pirini can still not be located, or attaching evidence as to subsequent difficulties with service).

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

[8]                 This order may be sealed upon counsel providing by memorandum the certificate required to be given in respect of a without notice application. The wording of that certificate can be found in Form G33 to the forms annexed to the High Court Rules 2016.

Associate Judge Lester