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Xing v Zhao

Xing v Zhao

Case [2023] NZHC 1295 29 May 2023

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IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-68

[2023] NZHC 1295

IN THE MATTER of the Insolvency Act 2006

AND

IN THE MATTER

of the Bankruptcy of XIN ZHAO

BETWEEN

ZHONG XING

Judgment Creditor

AND

XIN ZHAO

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 2.30pm Pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

XING v ZHAO [2023] NZHC 1295 [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

Details

AGLC: Xing v Zhao [2023] NZHC 1295
Case: [2023] NZHC 1295
Decision Date: 29 May 2023

CaseChat Overview and Summary

Zhong Xing, acting as a judgment creditor, filed an application against Xin Zhao, the judgment debtor, to set aside a bankruptcy notice issued under the Insolvency Act 2006. The case was heard by Associate Judge Lester of the High Court of New Zealand, Auckland Registry, on 9 May 2023, and the judgment was delivered on 29 May 2023. The judgment debtor, Xin Zhao, appeared in person, while the judgment creditor was represented by Mr. Z Xing. The primary legal issue before the court was whether the bankruptcy notice served on Xin Zhao should be set aside.

The court considered the principles established in Xing v Wang, a previous case decided on 26 May 2023, which provided guidance on setting aside bankruptcy notices. The court found that the application to set aside the bankruptcy notice was justified based on the reasoning provided in the Xing v Wang case. The court determined that the bankruptcy notice was issued in error, and it granted the application to set it aside. The court also addressed the costs associated with the application, referring to the provisions in paragraph [39] of the 26 May 2023 judgment.

Associate Judge Lester, in delivering the judgment, followed the precedent set in the Xing v Wang case, ensuring consistency in the application of the law. The court's decision to set aside the bankruptcy notice was based on the established legal principles and the specific circumstances of this case, which mirrored those in the Xing v Wang decision. The final orders included the setting aside of the bankruptcy notice and the allocation of costs as per the referenced judgment.

Orders