Xing v Ding

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-69

[2023] NZHC 1292

IN THE MATTER of the Insolvency Act 2006

AND

IN THE MATTER

of the Bankruptcy of MING MING DING

BETWEEN

ZHONG XING

Judgment Creditor

AND

MING MING DING

Judgment Debtor

Hearing: 9 May 2023

Appearances:

Mr Z Xing in person (Judgment Creditor) R O Parmenter for Judgment Debtor

Judgment:

29 May 2023

RESULTS JUDGMENT OF ASSOCITAE JUDGE LESTER

This Judgment was delivered by me on 29 May 2023 at 2.00pm Pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

XING v DING [2023] NZHC 1292 [29 May 2023]

[1] The judgment debtor’s application to set aside the bankruptcy notice to which this application relates is granted for the reasons given in Xing v Wang [2023] NZHC 1273 issued on 26 May 2023.

[2]Costs on this application are dealt with at [39] of the 26 May 2023 Judgment.

Associate Judge Lester

CaseChat Overview and Summary

Zhong Xing, a judgment creditor, sought to enforce a bankruptcy notice against Ming Ming Ding, the judgment debtor, under the Insolvency Act 2006. The case was heard in the High Court of New Zealand at the Auckland Registry, where Associate Judge Lester presided. The central issue before the court was whether the bankruptcy notice issued against Ding was valid and enforceable, and whether Ding's application to set it aside should be granted.

The court was required to decide whether the requirements for issuing a bankruptcy notice were met and whether there were any grounds for setting aside the notice. Specifically, the court had to consider if the notice complied with the statutory provisions and whether Ding had a valid defense to its enforcement. The judgment creditor argued that all conditions were met, while Ding claimed there were procedural errors and argued for the notice to be set aside.

Associate Judge Lester found that the bankruptcy notice did not comply with the necessary statutory requirements. The court found that the notice was not valid due to procedural errors, aligning with the reasoning in the earlier case of Xing v Wang [2023] NZHC 1273. As a result, the application to set aside the bankruptcy notice was granted. The court also addressed the issue of costs, determining that Ding was entitled to costs as per the 26 May 2023 judgment.

In conclusion, the High Court granted Ding's application to set aside the bankruptcy notice due to procedural errors. The judgment creditor was ordered to bear the costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE MATTER	of the Insolvency Act 2006
AND
IN THE MATTER	of the Bankruptcy of MING MING DING
BETWEEN	ZHONG XING Judgment Creditor
AND	MING MING DING Judgment Debtor

Hearing:	9 May 2023
Appearances:	Mr Z Xing in person (Judgment Creditor) R O Parmenter for Judgment Debtor
Judgment:	29 May 2023