Truck Stops (NZ) Limited v Robinson

[2025] NZHC 404

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2024-409-657

[2025] NZHC 404

UNDER

the Insolvency Act 2006

AND

IN THE MATTER

of the bankruptcy of NATHAN DAVID ROBINSON

BETWEEN

TRUCK STOPS (NZ) LIMITED

Judgment Creditor

AND

NATHAN DAVID ROBINSON

Judgment Creditor

Hearing:	(On the papers)
Counsel:	L C Ord for Judgment Creditor
Judgment:	5 March 2025

JUDGMENT OF ASSOCIATE JUDGE LESTER

(Substituted service)

TRUCK STOPS (NZ) LIMITED v ROBINSON [2025] NZHC 404 [5 March 2025]

[1]                 The judgment creditor, Truck Stops (NZ) Limited (Truck Stops) applies for an order for substituted service against the judgment debtor, Mr Robinson.

[2]                 I am satisfied having regard to the evidence filed that reasonable efforts have been made to serve the bankruptcy notice on Mr Robinson and that it cannot be properly served.

[3]                 I am further satisfied that the following directions which I make,  represent    a method of service likely to bring the bankruptcy notice to the attention of the judgment debtor.

Orders

[4]I order:

(a)Personal service of the bankruptcy notice on the judgment debtor is dispensed with.

(b)Service of the bankruptcy notice will be deemed to have been effected upon a copy of the sealed order as to substituted service and the bankruptcy notice being delivered to the judgment debtor by way of message to the Facebook page specified in the application of the judgment creditor dated 20 February 2025. The document will be treated as served one working day after the papers are sent to that address.

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

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

Associate Judge Lester

Solicitors:

Ord Legal, Wellington