Official Assignee v Vedder

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CIV-2019-454-6

[2019] NZHC 1340

UNDER section 339(1) of the Property Law Act 2007

BETWEEN

THE OFFICIAL ASSIGNEE in bankruptcy in the estate of Russell George Vedder

Plaintiff

AND

DEBORAH ANNE VEDDER

Defendant

Hearing: 13 June 2019

Appearances:

D Kerr for plaintiff

No appearance by or for defendant

Judgment:

13 June 2019

JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[1] In this proceeding the plaintiff, the Official Assignee at Palmerston North, seeks orders pursuant to s 339(1) of the Property Law Act 2007 for the sale of a property formerly owned by Mr Russell and Mrs Deborah Vedder in Horowhenua. Mr Vedder was adjudicated bankrupt by this Court on 13 October 2016. Since then the Official Assignee and Mrs Vedder have been the owners of the property.

[2] This proceeding was commenced in February 2019. Along with the originating documentation — notice of proceeding and statement of claim — the plaintiff filed and served an application for summary judgment and affidavit evidence in support of the same.

[3]The Court has evidence as to service of the proceeding on the defendant.

THE OFFICIAL ASSIGNEE v VEDDER [2019] NZHC 1340 [13 June 2019]

[4] The defendant, Mrs Vedder, has not entered a defence or taken any other step in the proceeding.

[5] Accordingly, the proceeding was placed in the Palmerston North commercial list for call today.

[6] Having reviewed the originating documentation and the other material already referred to, and having considered the matters to which the Court must have regard pursuant to s 442 before making an order under s 339(1), and the affidavit evidence relating to those matters, and having heard Mr Kerr in support, I am satisfied that the plaintiff has established that the defendant has no defence to this claim and that the Official Assignee is entitled to the orders sought.

[7] Accordingly, I enter judgment for the plaintiff in terms of the prayer for relief set out in the statement of claim, together with costs of $14,160.50 and disbursements of $2,172.10.

Associate Judge Johnston

Solicitors:
Lunn & Associates, Napier for the plaintiff

CaseChat Overview and Summary

The Official Assignee, acting in the bankruptcy of Russell George Vedder, filed a claim against Deborah Anne Vedder seeking the sale of a property in Horowhenua, jointly owned by the Vedders, under section 339(1) of the Property Law Act 2007. Mr Vedder was adjudicated bankrupt in 2016, leading to the Official Assignee becoming a joint owner of the property. The plaintiff filed an application for summary judgment supported by affidavit evidence. The defendant, Mrs Vedder, did not respond to the proceedings.

The primary legal issue before the court was whether the Official Assignee was entitled to the orders sought for the sale of the jointly owned property. The court had to consider the evidence and affidavits provided by the plaintiff and whether the defendant had a valid defence to the claim. The court also had to consider the factors outlined in section 442 of the Act before making the order.

Associate Judge Johnston reviewed the documentation and evidence, concluding that the plaintiff had established that Mrs Vedder had no defence to the claim. The court found that the plaintiff was entitled to the orders sought. The court granted judgment in favour of the plaintiff, ordered the sale of the property, and awarded costs of $14,160.50 and disbursements of $2,172.10 to the plaintiff. The defendant did not appear or defend the claim.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established