Ruocco HC Wellington CIV-2007-485-5

[2007] NZHC 1743

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2007-485-5

IN THE MATTER OF     the Insolvency Act 1967

ANDIN THE MATTER OF  the Bankruptcy of ANTONINO SALVATORE RUOCCO

Judgment Debtor

Hearing:         21 May 2007

Appearances: A.S. Ruocco, judgment debtor, in person

Judgment:      21 May 2007

JUDGMENT OF ASSOCIATE JUDGE D.I. GENDALL

[1]      This matter was called before me at 10.00am today, 21 May 2007.

[2]      The judgment debtor was called and there appeared to be no appearance by the judgment debtor or of any counsel on his behalf.

[3]      Accordingly,  at  10.14am  an  order  adjudicating  the  judgment  debtor  was made.

[4]      Subsequently, at about 10.50am, other counsel present in Court drew to my attention that the judgment debtor was at that point in Court.   Apparently he had been in another Courtroom when the matter was called at about 10.12 or 10.13am.

[5]      I therefore directed that the matter be recalled, which it was.

[6]      The judgment debtor then indicated to me that he opposed any order for adjudication being made against him today.

A S RUOCCO(BANKRUPTCY) HC WN CIV-2007-485-5  21 May 2007

[7]      He indicated that he disputed at least a large part of the debt owing to the judgment creditor which formed the foundation for this bankruptcy petition.

[8]      He indicated also that although he had certain other debts, he had reached a time payment arrangement for these with Baycorp.

[9]      As to employment, he said that he was a fisherman employed by Sealord.  He went on to say that he wished to have an opportunity to discuss all these matters with the judgment creditor, and hopefully to reach an arrangement for time payment of the undisputed portion of the debt due.

[10]     That said, I am satisfied that the judgment debtor should be given one final opportunity to resolve this matter and an order should now be made pursuant to s119(1)(a) Insolvency Act 1967 annulling the bankruptcy order made against the judgment debtor at 10.14am today, 21 May 2007.   An order to this effect is now made.

[11]     This proceeding is accordingly now adjourned to a call at 10.00am on 25

June 2007.  This is to be a final adjournment.

[12]     For the sake of completeness, I record that before me today I urged the judgment debtor to seek legal advice with respect to this matter, and in addition to make  urgent  contact  with  the  judgment  creditor  to  conclude  arrangements  with respect to the outstanding debt.   I noted that this matter is likely to be dealt with when it is next called on 25 June 2007.

‘Associate Judge D.I. Gendall’

Solicitors:

MDS Law, Christchurch for Judgment Creditor