Xing v Zhou

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-2360

[2023] NZHC 1296

IN THE MATTER of the Insolvency Act 2006

AND

IN THE MATTER

of the Bankruptcy of ZHONG WEI ZHOU

BETWEEN

ZHONG XING

Judgment Creditor

AND

ZHONG WEI ZHOU

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 2.45pm Pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

XING v ZHONG ZHOU [2023] NZHC 1296 [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, the judgment creditor, filed an application in the High Court of New Zealand, Auckland Registry, seeking to enforce a bankruptcy notice against Zhong Wei Zhou, the judgment debtor, under the Insolvency Act 2006. Zhong Wei Zhou applied to set aside the bankruptcy notice, arguing that it was invalid for various reasons. The case was heard on 9 May 2023, with Zhong Xing appearing in person and R O Parmenter representing the judgment debtor. The Associate Judge, Lester, delivered the judgment on 29 May 2023, granting the judgment debtor's application to set aside the bankruptcy notice.

The primary legal issue before the court was whether the bankruptcy notice was valid and enforceable against Zhong Wei Zhou. The judgment debtor argued that the bankruptcy notice was invalid due to procedural errors and that it was issued in bad faith. The judgment creditor, Zhong Xing, contended that the bankruptcy notice was valid and should be enforced. The court had to determine whether the judgment debtor's application to set aside the bankruptcy notice should be granted, based on the evidence and arguments presented by both parties.

The Associate Judge, Lester, found that the bankruptcy notice was invalid for the reasons outlined in Xing v Wang [2023] NZHC 1273, which was issued on 26 May 2023. The court considered the evidence and arguments presented by both parties and concluded that the bankruptcy notice did not comply with the requirements of the Insolvency Act 2006, and therefore, the application to set it aside should be granted. The court also considered the costs associated with the application, which were dealt with at [39] of the 26 May 2023 Judgment.

As a result of the court's decision, the bankruptcy notice issued against Zhong Wei Zhou was set aside. The judgment debtor's application to set aside the bankruptcy notice was granted, and the judgment creditor's attempt to enforce the bankruptcy notice was unsuccessful. The costs associated with the application were dealt with in accordance with the 26 May 2023 Judgment.

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 ZHONG WEI ZHOU
BETWEEN	ZHONG XING Judgment Creditor
AND	ZHONG WEI ZHOU Judgment Debtor

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