Tindall v Official Assignee

[2018] NZHC 1642

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2017-409-000169 [2018] NZHC 1642

UNDER

The insolvency Act 2006

IN THE MATTER

of the bankruptcy of MICHAEL CRAIG TINDALL

BETWEEN

MICHAEL CRAIG TINDALL

Applicant

AND

OFFICIAL ASSIGNEE

Respondent

Hearing:

4 July 2018

Appearances:

C R D Williams for Applicant

A G Ogilvie for Judgment Creditor

Judgment:

4 July 2018

JUDGMENT OF ASSOCIATE JUDGE OSBORNE

[as to annulment of bankruptcy]

[1]Michael Craig Tindall was adjudicated bankrupt on 10 August 2017.

[2]He now applies for an order that his adjudication be annulled.

[3]                 The grounds on which he seeks that Order are that his debts have been fully paid and that the Official Assignee’s fees and costs incurred in the bankruptcy are covered by funds now held by the Official Assignee.

[4]                 Section 309(1)(b) of the Insolvency Act 2006 empowers the Court, on the application of the Assignee or any person interested, to annul an adjudication if the

TINDALL v OFFICIAL ASSIGNEE [2018] NZHC 1642 [4 July 2018]

Court is satisfied that the bankrupt’s debts have been fully paid or satisfied and that the Assignee’s fees and costs incurred in the bankruptcy have been paid.

[5]                 The evidence filed by the judgment debtor establishes the factual requirements for an Order of annulment.

[6]                 The evidence indicates that the judgment debtor had at the time of his adjudication only one creditor, namely the judgment creditor. The judgment debtor confused the bankruptcy proceedings with other proceedings in which he was involved at the time and did not attend to payment. He could have done so through an application to withdraw some of his KiwiSaver funds on the grounds of hardship.

[7]                 The judgment debtor, by now accessing his KiwiSaver funds, has put the Official Assignee in sufficient funds to meet the Assignee’s fees and costs incurred in the bankruptcy and the creditor’s costs and disbursements in the proceeding together with the judgment debt.

[8]                 The Official Assignee has filed her report in relation to the annulment application. She confirms the factual basis of the application.  She has no objection to an annulment being granted.

Order

[9]                 I make an order annulling the adjudication in bankruptcy of Michael Craig Tindall made on 10 August 2017.

[10]The costs associated with Mr Ogilvie’s appearance are reserved.

Associate Judge Osborne

Solicitors:

Patient & Williams, Christchurch Godfreys, Christchurch