Plumbing World Limited v Hooper

[2016] NZHC 590

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