Saunders and Co v Mamat

[2024] NZHC 2482

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-315

[2024] NZHC 2482

IN THE MATTER

of the Insolvency Act 2006

AND

IN THE MATTER

of the bankruptcy of Abu Bin Mamat

BETWEEN

SAUNDERS AND CO

Judgment Creditor

AND

ABU BIN MAMAT

Judgment Debtor

Hearing:	(Determined on the papers)
Counsel:	C Mo for Judgment Creditor
Judgment:	30 August 2024

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

SAUNDERS AND CO v MAMAT [2024] NZHC 2482 [30 August 2024]

[1]                 The judgment creditor, Saunders and Co, applies for an order for substituted service against the judgment debtor, Mr Mamat.

[2]                 I am satisfied having regard to the evidence filed that reasonable efforts have been made to serve the bankruptcy notice on the judgment debtor and that it cannot be promptly served.

[3]                 I am further satisfied that the following directions which I make represent the method of service likely to bring the bankruptcy notice to the attention of the judgment debtor.

Orders

[4]                 I order that personal service of the bankruptcy notice on the judgment debtor is dispensed with.

[5]                 Service of the bankruptcy notice on the judgment debtor will be deemed to be effected upon the completion of the follow two events:

(i)emailing the bankruptcy notice and a copy of this order to the email address given at para [1(a)(i)] of the without notice application dated 28 August 2024;

(ii)leaving the bankruptcy notice and a copy of this order with an adult occupant at the address given at para [1(a)(ii)] of the without notice application dated 28 August 2024. If no adult occupant is present or prepared to accept the documents, the bankruptcy notice and a copy of this order may be taped to the door of the property in a sealed envelope for the attention of the judgment debtor.

[6]                 The bankruptcy notice will be treated as served one working day after the completion of both of the steps set out in [5] above.

[7]                 The application for substituted service is adjourned with leave to the judgment creditor to request by a 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 that either the judgment debtor can still not be located, or attaching evidence as to subsequent difficulties of service).

Costs

[8]The costs of this application are reserved but to be costs in the cause.

Associate Judge Lester

Solicitors:
Saunders & Co, Christchurch