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High Court of New Zealand Decisions |
Last Updated: 5 August 2016
IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV-2016-485-116 [2016] NZHC 1318
UNDER
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the Insolvency Act 2006
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IN THE MATTER OF
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the bankruptcy of Andrew Richard Bate
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BETWEEN
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COMMISSIONER OF INLAND REVENUE
Judgment Creditor
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AND
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ANDREW RICHARD BATE Judgment Debtor
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On the Papers
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|
Counsel:
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T D Lancaster for the Judgment Creditor
No appearance for the Judgment Debtor
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Judgment:
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17 June 2016
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JUDGMENT OF ASSOCIATE JUDGE SMITH
[1] On 31 May 2016, the judgment debtor was adjudicated
bankrupt.
[2] Before that date, counsel for the judgment creditor had filed a
memorandum explaining a potential confusion in relation
to the judgment
debtor’s name. In the District Court judgment on which the bankruptcy
notice had been based, the debtor’s
given names had been transposed, a
feature which carried through into his name in the bankruptcy notice. By the
time the adjudication
application was issued, counsel for the Commissioner had
identified the transposition and in the documents filed from the application
for
adjudication order onwards, the debtor’s names appeared in the correct
order.
[3] Accordingly, when the Court adjudicated the judgment debtor bankrupt, it was pursuant to the application for adjudication and the formal order should
correctly record the debtor as “Andrew Richard
Bate”.
COMMISSIONER OF INLAND REVENUE v ANDREW RICHARD BATE [2016] NZHC 1318 [17 June 2016]
[4] Technically, there remains a defect in the proceeding in that the
bankruptcy
notice rendered the debtor’s given names in the reverse
order.
[5] For the purpose of remedying the defect on the Court file, I
recall the judgment dated 31 May 2016.
[6] I order that the defect in the bankruptcy notice whereby the
judgment debtor (Andrew Richard Bate) is identified as “Richard
Andrew
Bate” is corrected so that the bankruptcy notice shall be treated as
having read “Andrew Richard Bate”.
I dispense with amendment and
re-service of the Notice.
[7] Save to the extent of that order, the order made on 31 May 2016
stands as it
was made, with the debtor’s adjudication timed at 10.20 am on 31 May
2016.
Associate Judge Smith
Solicitors:
Inland Revenue Department, Legal and Technical Services, Wellington
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URL: http://www.nzlii.org/nz/cases/NZHC/2016/1318.html