V3 Property Limited v Chawla

[2025] NZHC 2635

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2025-404-1134

[2025] NZHC 2635

IN THE MATTER

of the Insolvency Act 2006

AND

IN THE MATTER

of the bankruptcy of Jagjeet Singh Chawla

BETWEEN

V3 PROPERTY LIMITED

Judgment Creditor

AND

JAGJEET SINGH CHAWLA

Judgment Debtor

Hearing:	(Determined on the papers)
Counsel:	B L Martelli for Judgment Creditor
Judgment:	10 September 2025

JUDGMENT OF ASSOCIATE JUDGE LESTER

(substituted service)

This judgment was delivered by me on 10 September 2025 at 2.30 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

V3 PROPERTY LIMITED v CHAWLA [2025] NZHC 2635 [10 September 2025]

[1]    The judgment creditor, V3 Property Limited, applies for an order for substituted service against the judgment debtor, Mr Chawla.

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

Orders

[4]I order:

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

(b)Service of the bankruptcy notice on the judgment debtor will be deemed to be effected upon the completion of the following steps:

(i)a copy of the bankruptcy notice, together with a copy of this order, is emailed to the judgment debtor’s email address given at paragraph 1(b) of the application for substituted service dated 27 August 2025;

(ii)if the judgment creditor has a mobile number for the judgment debtor, the judgment debtor is to be sent a text message advising him that the Court has authorised the service of the bankruptcy notice by email and has dispensed with personal service;

(c)the documents will be treated as being served one working day after the completion of the above steps.

[5]    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 case 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).

Costs

[6]    The cost of this application are fixed on a 2B basis and are, with disbursements, to be costs in the cause.

Associate Judge Lester

Solicitors:

B L Martelli, Auckland (for Judgment Creditor)

Copy to:

Judgment Debtor