ANZ National Bank Limited v Bagasra [2012] NZHC 1346 (14 June 2012)

High Court of New Zealand

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ANZ National Bank Limited v Bagasra [2012] NZHC 1346 (14 June 2012)

Last Updated: 22 June 2012

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2012-404-0306 [2012] NZHC 1346

UNDER The Insolvency Act

BETWEEN ANZ NATIONAL BANK LIMITED Judgment Creditor

AND MUSTAN BAGASRA Judgment Debtor

CIV-2012-404-0314

AND UNDER the Insolvency Act 2006

BETWEEN ANZ NATIONAL BANK LIMITED Judgment Creditor

AND FEHMIDA BAGASRA Judgment Debtor

Hearing: 14 June 2012

Appearances: Ms Brugeyroux for Judgment Creditor

Mr and Mrs Bagasra in person

Judgment: 14 June 2012

_{ORAL JUDGMENT OF ASSOCIATE JUDGE DOOGUE}

Counsel;

Morgan Coakle, P O Box 114, Auckland – [e-mail]

Mr and Mrs Bagasra, 40 Whangaoparaoa Road, Red Beach, Whangaparaoa Peninsula – by email:

_[e-mail]

ANZ NATIONAL BANK LIMITED V BAGASRA & Anor HC AK CIV-2012-404-0306 [14 June 2012]

[1] This proceeding was called on 30 May 2012. I then adjourned it to today for the reasons that I set out in my minute of 30 May 2012. Mr Bagasra has told me today that he seeks a further adjournment. It would appear that the reasons are substantially the same ones that he sought to justify an adjournment on the last date being:

(a) He has to give four weeks’ notice of his resignation from his position;

(b) He wished to advise his real estate clients;

(c) He hoped to raise the money (an offer has been made but rejected by the bank).

[2] Mr Bagasra had no basis to assume that the matter would be adjourned further today. He ought to have made his arrangements accordingly. The Court will proceed and make orders of adjudication today but on the basis that the orders are to lie in Court until 1 p.m. on 18 June 2012 to allow Mr Bagasra to make any arrangements that he considers ought to be made. That should be more than adequate time. The orders that I make in each case are orders of adjudication. Disbursements and costs in each case are fixed at $2,989.52. The orders are made at

_{11.15 a.m. The orders are to lie in Court until 1 p.m. on 18 June 2012.}

J.P. Doogue

Associate Judge