Sargent v Brinkmann

[2021] NZHC 2706

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CIV-2021-443-17

[2021] NZHC 2706

UNDER

the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of Neil Donald Dennis Brinkmann

BETWEEN

TREVOR SARGENT and

THORNBURY TRUST COMPANY
LIMITED as trustees of the Trevor Sargent Family Trust
Judgment Creditors

AND

NEIL DONALD DENNIS BRINKMANN

Judgment Debtor

CIV-2021-443-18

UNDER

the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of Kyra Hammond

BETWEEN

TREVOR SARGENT and

THORNBURY TRUST COMPANY
LIMITED as trustees of the Trevor Sargent Family Trust
Judgment Creditors

AND

KYRA HAMMOND

Judgment Debtor

Hearing:

8 October 2021

Appearances:

J K Gilby-Todd for judgment creditors in both proceedings

No appearance by or for judgment debtors in either proceeding

Judgment:

8 October 2021

SARGENT v BRINKMANN [2021] NZHC 2706 [8 October 2021]

ORAL ASSOCIATE JUDGE JOHNSTON

[1]                 These are two bankruptcy proceedings in which the judgment creditor proceeds against Mr Brinkman in the first proceeding and Ms Hammond in the second. Although neither Mr Brinkman nor Ms Hammond appeared, either personally or through counsel, it is apparent that they were informed of the hearing and as to how to take part. On behalf of both of them, Ms Hammond sent an email to the Court in which she acknowledges the existence of the debt, does not take issue with Mr Sargent’s entitlement to the orders he is seeking and asks for an indulgence in the form of an unspecified time to pay.

[2]                 Such an outcome is unacceptable to the judgment creditor and in my view he is entitled to the orders he seeks.

[3]                 However, in order to give Mr Brinkman and Ms Hammond a final opportunity to deal with this matter without being bankrupted, I will delay the coming in force of the orders which I am about to make.

[4]                 In relation to the proceeding involving Mr Brinkman I make an order adjudicating him bankrupt. The judgment creditor is entitled to his costs on a 2B basis together with disbursements as fixed by the Registrar.

[5]                 In relation to the proceeding involving Ms Hammond I make an order adjudicating her bankrupt. The judgment creditor is entitled to his costs on a 2B basis together with disbursements as may be fixed by the Registrar.

[6]                 Those orders will come into effect at 4.00 pm on Friday 15 October 2021 unless, by that date and time, the judgment debtors have discharged the debt particularised in these proceedings together with the costs orders I have made.

[7]                 To that end, the solicitors acting for the judgment creditors are to file a draft sealed judgment specifying the costs claimed and provide a copy of that to

Mr Brinkman and Ms Hammond (through Ms Hammond if Mr Brinkman’s contact details are unavailable) by close of business on Monday 11 October 2021.

Associate Judge Johnston

Solicitors:
Harkness Henry, Hamilton for judgment creditors in both proceedings