Steel & Tube Holdings Limited v Sharma

[2021] NZHC 2007

IN THE HIGH COURT OF NEW ZEALAND MASTERTON REGISTRY

I TE KŌTI MATUA O AOTEAROA WHAKAORIORI ROHE

CIV-2021-435-4

[2021] NZHC 2007

BETWEEN

STEEL & TUBE HOLDINGS LIMITED

Judgment Creditor

AND

TOBIN GEOFFREY SHARMA

Judgment Debtor

Hearing:

3 August 2021

Appearances:

A Jeremich for judgment creditor

No appearance by or for judgment debtor

Judgment:

5 August 2021

JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

This judgment was delivered by me on 5 August 2021 at 4.00 pm, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar

STEEL & TUBE HOLDINGS LIMITED v SHARMA [2021] NZHC 2007 [5 August 2021]

[1]                 This application by the judgment creditor for an order bankrupting the judgment debtor was called in the Associate Judge’s list on 3 August 2021.

[2]                 Ms Jeremich appeared for the judgment creditor and sought an order as moved. Unfortunately, there was no proof of service of the originating documentation in the proceeding on the Court file. Although Ms Jeremich was good enough to provide me with a photocopy of an affidavit of service which she understood had been filed, without proof of service on the file I was obliged to reserve my judgment.

[3]                 The necessary enquiries have been made by the Registrar and it would seem that the original of the affidavit of service dated 21 July 2021 was forwarded to the Masterton registry by the judgment creditor’s solicitors on 29 July 2021. It is recorded as having been received at that registry. However, for some reason, it was not forwarded onto Wellington.

[4]                 In any event, receipt of the affidavit has now been certified by the Masterton registry and accordingly I am in a position to make the order sought.

[5]                 On the application of Steel & Tube Holdings Ltd I make an order adjudicating Tobin Geoffrey Sharma bankrupt. The judgment creditor will have its costs on a 2B basis together with such disbursements as may be allowed by the Registrar. The order will come into effect on the date and at the time entered by the Registry on the cover sheet of this judgment.

Associate Judge Johnston

Solicitors:

Akarana Legal, Auckland for judgment creditor