Tepea v Lam

[2020] NZHC 1960

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2019-409-418

[2020] NZHC 1960

IN THE MATTER

of the Insolvency Act 2006

AND

IN THE MATTER

of the bankruptcy of LAI PING LAM

BETWEEN

JEAN LOUIS TARA TEPEA

Judgment Creditor

AND

LAI PING LAM

Judgment Debtor

Hearing:	6 August 2020
Appearances:	No appearance for Judgment Creditor Ms L P Lam in-person Judgment Debtor
Judgment:	6 August 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 6 August 2020 at 3.15 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

6 August 2020

TEPEA v LAM [2020] NZHC 1960 [6 August 2020]

[1]                  The judgment debtor, Ms Lai Ping Lam, was adjudicated bankrupt by this Court on 5 March 2020. She has applied to have her bankruptcy annulled.

[2]                  The application is under s 309(1)(b) of the Insolvency Act 2006 (the Act), that is, the bankrupt’s debts have been fully paid and satisfied, and the Official Assignee’s (the Assignee) fees and costs incurred in the bankruptcy have been paid.

[3]                  While the judgment creditor who sought and obtained the bankruptcy order has not been formally served with the application, his counsel has, by memorandum dated 6 August 2020, confirmed the judgment creditor has been paid in full and will abide the decision of the Court in respect of the application.

[4]                  The Assignee has filed a report in respect of the application. The report confirms that Ms Lam’s adjudication was advertised and that two creditors filed claims. The report also confirms a third party provided sufficient funds to the Assignee to meet both the creditors and the Assignee’s costs, and that the Assignee in those circumstances has no objection to the annulment.

[5]                  These are the circumstances at which s 309(1)(b) of the Act is aimed. I am satisfied it is appropriate to make an order annulling the bankruptcy of Ms Lam.

Order

[6]                  Accordingly, there is an order that the bankruptcy of Lai Ping Lam made on 5 March 2020 is annulled.

Associate Judge Lester

Solicitors:
Taylor Shaw, Christchurch

Copy to: Ms L P Lam (Judgment Debtor)