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Xing v Zheng

Xing v Zheng

Case [2023] NZHC 1298 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-2022-404-2403

[2023] NZHC 1298

IN THE MATTER of the Insolvency Act 2006

AND

IN THE MATTER

of the Bankruptcy of YUN ZHENG

BETWEEN

ZHONG XING

Judgment Creditor

AND

YUN ZHENG

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 ASSOCIATE JUDGE LESTER

This Judgment was delivered by me on 29 May 2023 at 3:00pm Pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

XING v ZHENG [2023] NZHC 1298 [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 Zheng [2023] NZHC 1298
Case: [2023] NZHC 1298
Decision Date: 29 May 2023

CaseChat Overview and Summary

In the High Court of New Zealand, Zhong Xing, the judgment creditor, filed an application against Yun Zheng, the judgment debtor, seeking to enforce a bankruptcy notice issued under the Insolvency Act 2006. The application arose from a previous judgment debt owed by Zheng to Xing. Zheng opposed the application, contending that the bankruptcy notice was invalid and should be set aside.

The primary legal issue the court had to address was whether the bankruptcy notice issued by Xing was valid and enforceable against Zheng. Zheng argued that the notice was defective in form and substance, and as a result, it should not be upheld. Xing, on the other hand, asserted that the notice was correctly issued and should be enforced. The court needed to determine the validity of the notice and whether any procedural errors rendered it ineffective.

In delivering the judgment, Associate Judge Lester found that the bankruptcy notice was indeed defective and, therefore, invalid. The court relied on the principles established in the earlier case of Xing v Wang [2023] NZHC 1273, where similar issues had been considered. Judge Lester concluded that the notice did not comply with the statutory requirements for issuing a valid bankruptcy notice under the Insolvency Act 2026. Consequently, the court granted Zheng's application to set aside the notice. The court also addressed the issue of costs, allocating them in a manner consistent with the 26 May 2023 judgment.

Orders