Wood v Henderson

[2021] NZHC 2669

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2021-485-206

[2021] NZHC 2669

UNDER

the Insolvency Act 2006

IN THE MATTER

of the bankruptcy of Jeremy Nigel Henderson

BETWEEN

MICHAEL STEPHEN WOOD and FIONA JANE WOOD

Judgment Creditors

AND

JEREMY NIGEL HENDERSON

Judgment Debtor

Hearing:	5 October 2021
Appearances:	J Gurnick for judgment creditors Judgment debtor in person
Judgment:	5 October 2021

ORAL JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[1]        This is a standard application for an order adjudicating the judgment debtor bankrupt.

[2]        Ms Gurnick appeared for the judgment creditors and indicated that they wished to proceed. She explained that the judgment debt had been outstanding for some considerable time and that whilst a significant proportion had been paid there remained outstanding something fractionally short of $20,000. The file appears to me to be in order. Most recently I have received Ms Gurnick’s memorandum as to costs and certificate as to the outstanding debt.

WOOD v HENDERSON [2021] NZHC 2669 [5 October 2021]

[3]        Mr Henderson was good enough to appear in person. He made a careful submission in which he indicated that he had made a series of offers to pay the debt off over a period of time, all of which had been rejected.

[4]        The judgment creditors are entitled to proceed to enforce the debt and with their application for adjudication. However, at Mr Henderson’s request, I propose to give him an opportunity to pay the debt and avoid bankruptcy.

[5]        Having heard from Mr Gurnick and Mr Henderson, I make an order on the application of the judgment creditors bankrupting Jeremy Nigel Henderson. The judgment creditors will have their costs and disbursements in the total sum of $3,918.

[6]        This order will come into force at 4.00 pm on 15 October 2021 unless prior to that date and time, Mr Henderson pays the entire amount of the outstanding debt which is certified to be $18,008 together with the costs and disbursements of $3,918 already referred to in cleared funds to the judgment creditors or their order.

Associate Judge Johnston

Solicitors:
Vosper Law Ltd, Cambridge for judgment creditors