Ye (aka Zhou) v Scots College Incorporated [2013] NZHC 1298 (4 June 2013)

Last Updated: 25 July 2013

IN BANKRUPTCY IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2013-485-269 [2013] NZHC 1298

IN THE MATTER of the Insolvency Act 2006

IN THE MATTER of the bankruptcy of SHANG HONG (JENNY) YE (also known as SHANG HONG (JENNY) ZHOU

Judgment Debtor

EX PARTE SCOTS COLLEGE INCORPORATED Judgment Creditor

Hearing: 4 June 2013

Appearances: P. Powlesland - Counsel for Judgment Creditor

S.H.J. Ye - Judgment Debtor in Person

Decision: 4 June 2013

_{ORAL DECISION OF ASSOCIATE JUDGE D.I. GENDALL}

_{Solicitors: Maude & Miller, Solicitors, Wellington}

Scots College Inc v SHJ Ye [2013] NZHC 1298 [4 June 2013]

[1] Before the Court today is an application by the judgment creditor to have the judgment debtor adjudicated bankrupt.

[2] The debt in question, which I understand relates to outstanding school fees and attendant costs, is now something in excess of $52,500.00. It relates to a judgment obtained by the judgment creditor against the judgment debtor in the District Court at Lower Hutt it seems around 22 November 2012.

[3] There is no formal opposition to the present bankruptcy application. [4] Notwithstanding this, the judgment debtor appeared before me today.

[5] As best I can tell from the explanation she provided to the Court, the debt in question she contends was to be paid from funds to be made available to her from her ex-husband. This apparently has not eventuated.

[6] The judgment debtor also it seems has an interest in a house property which may possibly be owned by a Family Trust. Notwithstanding this, Mrs Powlesland for the judgment creditor did confirm to the Court today that it is the judgment debtor and one other (who appears to be her ex-husband) who are on the title to this property and that title is subject to a bank mortgage.

[7] As I understand the position from Ms Powlesland, there have been some fruitless discussions in the past between the parties with a view to endeavouring to resolve this matter.

[8] It does seem, however, that the judgment debtor whose command of the English language is understandably limited, has not had the benefit of legal advice in this matter.

[9] It appears to me that given goodwill on both sides, there may well be some solution here, if the debt in question can be secured in favour of the judgment creditor here, and then be cleared by way of a refinancing or sale of the property in question in the meantime.

[10] In order that some discussions along these or other lines might be permitted to take place, and given this is a first call of this matter today, I am prepared to grant one last adjournment of this matter. That is now granted and I note over the objection of the judgment creditor.

[11] This matter is therefore adjourned as a final adjournment to a call at 10.00 am on 17 June 2013.

[12] I repeat this is to be a final adjournment.

[13] In the meantime, I urge the judgment debtor first, to obtain some legal advice and secondly, to liaise with the judgment creditor and its lawyers to endeavour to reach some amicable solution in this matter.

[14] I repeat that, if matters are not properly resolved by 17 June 2013, then there may be no alternative but for an order for adjudication to be made.

‘Associate Judge D.I. Gendall’