Smith v Keenan

[2022] NZHC 68

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA MĀWHERA ROHE

CIV-2021-418-24

[2022] NZHC 68

UNDER

the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of Anthea Rose Keenan

BETWEEN

RAYMOND BRUCE SMITH

Applicant/Judgment Creditor

AND

ANTHEA ROSE KEENAN

Respondent/Judgment Debtor

Hearing:	(Determined on the papers)
Counsel:	B M Russell and M D W King for Applicant/Judgment Creditor
Judgment:	2 February 2022

JUDGMENT OF ASSOCIATE JUDGE LESTER

SMITH v KEENAN [2022] NZHC 68 [2 February 2022]

[1]                 The judgment creditor applies for an order for substituted service as against the judgment debtor.

[2]                 I am satisfied, having regard to the evidence of the process server involved, Roland John Urmson, that reasonable efforts have been made to serve the judgment creditor’s application for adjudication dated 4 November 2021, the affidavit of Raymond Bruce Smith in support of the creditor’s application for adjudication order sworn   4   November   2021,   and   the   summons   to   judgment   debtor   dated   19 November 2021 (together “the bankruptcy documents”) on the judgment debtor and that those documents cannot now be promptly served.

[3]                 I am further satisfied by the affidavit of Mr Urmson and the further affidavit of Linda Jane Hicks, affirmed 20 December 2021, that the following directions I make, represent methods of service likely to bring the bankruptcy documents to the attention of the judgment debtor.

Orders

[4]I direct:

(a)Personal service of the judgment debtor with the bankruptcy documents is dispensed with. Service upon the judgment debtor will be deemed to be effected upon completion of the following two events:

(i)that the bankruptcy documents, together with this order, are to be emailed to the judgment debtor’s email addresses set out at para 1(a)(i) in the application  for  substituted  service  dated 20 December 2021;

(ii)that the bankruptcy documents, together with a copy of this order, are to be sent by courier to the judgment debtor’s home address as set out at para 1(a)(ii) of the application for substituted service dated 20 December 2021.

(b)The bankruptcy documents will be treated as served three working days after completion of both steps in the above directions.

(c)The application for substituted service is adjourned with leave for the judgment creditor to request, by memorandum, a further order as to substituted service in the event that any further documents cannot be promptly served (in which event the memorandum should contain counsel’s confirmation either that the judgment debtor cannot be served, or attaching evidence as to subsequent difficulties of service).

(d)The costs of this application are fixed on a 2B basis and are with disbursements to be costs in the cause.

Associate Judge Lester

Solicitors:

Lane Neave, Christchurch (for Applicant/Judgment Creditor)