Spencer v Westpac New Zealand Limited HC Auckland CIV 2007-404-848

[2007] NZHC 1961

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2007-404-00848

IN THE MATTER OF     the Insolvency Act 1967

BETWEEN  KIM HILTON SPENCER Judgment Debtor

ANDWESTPAC NEW ZEALAND LIMITED Judgement Creditor

Hearing:         1 August 2007

Appearances: Mr Black for judgment debtor

Mr M Robinson for Westpac New Zealand Limited
Mr T Allan for Auckland Finance Limited

Judgment:      1 August 2007

ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE

Solicitors:

Michael C Black, - by facsimile: 309 3787

Grove Darlow & Partners, P O Box 2882, Auckland

Simpson Grierson, Private Bag 92518, Wellesley Street, Auckland

[1]      This proceeding has been called again before me today 1 August 2007.  Mr Black  seeks  a  further  adjournment.     I  understand  that  the  objective  of  the adjournment is to give Mr Spencer an opportunity to come up with a further proposal to his debtors.   He has apparently made earlier proposals that have been rejected. This proceeding has been called on a number of occasions previously and at one

point Mr Spencer proposed a compromise with his creditors but that did not proceed.

SPENCER V WESTPAC NZ LTD HC AK CIV 2007-404-00848  1 August 2007

I agree that time has now run out.  Mr Spencer has had more than sufficient leeway.

I decline to grant any further adjournment.

J.P. Doogue

Associate Judge