Plumbing World Limited v Hooper

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2014-409-000355 [2016] NZHC 590

IN THE MATTER of the Insolvency Act 2006

AND

IN THE MATTER

of the bankruptcy of GREG HOOPER also known as GREGORY BRUCE HOOPER

BETWEEN

PLUMBING WORLD LIMITED Judgment Creditor

AND

THE BANKRUPTCY OF GREG HOOPER ALSO KNOWN AS GREGORY BRUCE HOOPER Judgment Debtor

Hearing: 7 April 2016

Counsel:

P J Shamy for Bankrupt
(Official Assignee excused)

Judgment:

7 April 2016

JUDGMENT OF ASSOCIATE JUDGE MATTHEWS

[1] Gregory Bruce Hooper was adjudicated bankrupt on 14 May 2015.

[2] He now applies for an order that his adjudication be annulled. The grounds on which he seeks such an order is that his debt has been fully paid and that the Official Assignee’s costs incurred in the bankruptcy are covered by funds now held by the Assignee.

[3] Section 309(1)(b) of the Insolvency Act 2006 empowers the Court on the application of the Assignee or any person interested to annul an adjudication if the

PLUMBING WORLD LTD v GREG HOOPER also known as GREGORY BRUCE HOOPER [2016] NZHC
590 [7 April 2016]

Court is satisfied that the bankrupt’s debts have been fully paid or satisfied and that the Assignee’s fees and costs incurred in the bankruptcy have been paid.

[4] The evidence filed by the bankrupt establishes the factual requirements for an order of annulment. The evidence indicates that the bankrupt had at the time of his adjudication only one creditor, namely Plumbing World Limited.

[5] Although the Assignee was unable to identify any realisable assets in the estate of the bankrupt, the bankrupt has since been able to pay to the Assignee a sum sufficient to fully discharge the debt to Plumbing World, to fully meet the Assignee’s costs and fees, and to pay the costs and disbursements awarded to Plumbing World as petitioning creditor.

[6] The bankrupt has complied with r 24.37 High Court Rules by serving the application upon the prescribed persons and by advertising the application and the hearing date.

[7] The Assignee has filed her report in relation to the annulment application. She confirms the factual basis of the application. She has no objection to an annulment being granted. The Assignee’s reports indicate that the agreed payments have been made. She holds funds sufficient to cover her fees and disbursements of
$15,105.73.

Orders

[8] I order:

(1) The adjudication in bankruptcy of Gregory Bruce Hooper made by this

Court on 14 May 2015 is annulled. (2) The time of this order is 10.21 am.

(3) The Assignee’s fees and disbursements of $5,105.73 are to be recovered

from the funds received by the Assignee.

J G Matthews
Associate Judge

Solicitors:
Ford Sumner Lawyers, Wellington
P J Shamy, Barrister, Christchurch

CaseChat Overview and Summary

In the case of Plumbing World Limited v Hooper, the court addressed an application by the bankrupt, Gregory Bruce Hooper, for the annulment of his bankruptcy adjudication. The application was brought under Section 309(1)(b) of the Insolvency Act 2006, which allows for the annulment if the bankrupt's debts are fully paid and the Official Assignee's costs are covered. The Official Assignee, who was excused from attending, confirmed that the necessary payments had been made and had no objections to the annulment. The court needed to determine whether the bankrupt's debts had indeed been fully satisfied and whether the Assignee's fees and costs were covered by the available funds.

The court examined the evidence provided by the bankrupt, which included documentation of payments made to the Assignee sufficient to discharge the debt to Plumbing World Limited, as well as the Assignee's costs and fees. The court also noted the compliance with procedural requirements, including proper service and advertisement of the annulment application. The Official Assignee's report corroborated the bankrupt's evidence, stating that the required payments had been made and that her fees and disbursements were covered by the funds in her possession.

In light of the evidence presented and the confirmation from the Official Assignee, the court found that the conditions for annulment were met. Therefore, the court annulled the adjudication of bankruptcy and directed that the Assignee's fees and disbursements be recovered from the funds received. The annulment was effective from the time of the order, and the bankrupt was discharged from the bankruptcy proceedings.

The final orders of the court included the annulment of the bankruptcy adjudication and the recovery of the Official Assignee's fees and disbursements from the available funds. The court's decision effectively concluded the bankruptcy proceedings, allowing the bankrupt to be discharged from the obligations and liabilities associated with the bankruptcy.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE MATTER	of the Insolvency Act 2006
AND
IN THE MATTER	of the bankruptcy of GREG HOOPER also known as GREGORY BRUCE HOOPER
BETWEEN	PLUMBING WORLD LIMITED Judgment Creditor
AND	THE BANKRUPTCY OF GREG HOOPER ALSO KNOWN AS GREGORY BRUCE HOOPER Judgment Debtor

Hearing:	7 April 2016
Counsel:	P J Shamy for Bankrupt (Official Assignee excused)
Judgment:	7 April 2016