Hose [2014] NZHC 3160 (11 December 2014)

Last Updated: 18 December 2014

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CIV-2014-419-461 [2014] NZHC 3160

UNDER	Part 19 of the High Court Rules and the Insolvency Act 2006
IN THE MATTER	of the bankruptcy of Carl John Henderson
IN THE MATTER	of an application for a vesting order in respect of land and pursuant to s 119 Insolvency Act 2006
	SAPPHIRE KIMBERLEY HOSE Applicant

On the papers
Counsel:	CW Grenfell for applicant
Judgment:	11 December 2014

_{JUDGMENT OF FAIRE J}

This judgment was delivered by me on 11 December 2014 at 11 am, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date...............

_{Solicitors: Edmonds Judd, Te Awamutu}

Re Hose [2014] NZHC 3160 [11 December 2014]

[1] There are two applications before me today, namely:

(a) A without notice interlocutory application seeking leave to bring an application under Part 19 of the High Court Rules and seeking directions as to service; and

(b) An originating application seeking a vesting order pursuant to s 119 of the Insolvency Act 2006.

[2] The applications are made in respect of a property at 35/1 Ahier Street, Te

Awamutu, being the land contained in certificate of title SA26B/781 being Lot 56

Deposited Plan South Auckland 23454. The application is made as a consequence of one of the proprietors of the property being adjudicated a bankrupt on 28 May

2012. On 3 August 2012 the Official Assignee disclaimed any interest in the property.

[3] As a consequence of the Official Assignee’s actions the property of the

bankrupt vests in the Crown bona vacantia.

[4] There is attached to the materials produced a letter from a solicitor on behalf of the Treasury which confirms the following:

1. Following the Official Assignee’s disclaimer of the ownership interest in the Property formerly held by Carl John Henderson that ownership interest passed to the Crown.

2. The Crown has no interest in claiming or exercising an ownership interest in the Property.

3. The Crown does not object to the Court making an Order that the former ownership interest of Carl John Henderson in the Property be vested in Sapphire Kimberley Hose.

4. The Crown does not wish to be served or otherwise involved in any application to the Court for the vesting order and will abide the order of the Court.

[5] The bankrupt, Mr Carl John Henderson, has filed an affidavit advising of his consent to the making of orders vesting the half-share formerly in his name in the applicant.

[6] Having regard to these matters, I make orders in terms of both applications as

_moved.

JA Faire J