CLARK V TYRES 4 U (NZ) LIMITED HC TAU CIV 2006-470-851

CLARK V TYRES 4 U (NZ) LIMITED HC TAU CIV 2006-470-851

Because the debtor was unable, despite best efforts, to obtain creditor agreement to his proposal and the creditor sought to proceed, the court made an order of adjudication under the Insolvency Act 1967.

Citation
openlaw-22bfca84_44f7_4fb0_970e_58c3fc448c20.pdf
Parties
Judgment Debtor: James Victor Clark; Judgment Creditor: Tyres 4 U (NZ) Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 August 2007
Procedural Posture
Adjudication Under the Insolvency Act 1967 / Hearing / Oral Judgment
Outcome
Order of adjudication made
Legal Topics
Adjudication, Creditors' Proposal, Bankruptcy
Insolvency Civil Procedure Adjudication Creditors' Proposal Bankruptcy

Case Brief

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Parties

James Victor Clark

Judgment Debtor

Tyres 4 U (NZ) Limited

Judgment Creditor

Procedural Posture

Adjudication Under the Insolvency Act 1967 / Hearing / Oral Judgment

Legal Issues

  1. 1 Whether the court should make an order of adjudication under the Insolvency Act 1967 after the debtor failed to obtain creditor agreement to his proposal
  2. 2 Whether further adjournment was appropriate given debtor's inability to make progress

Ratio Decidendi

Because the debtor was unable, despite best efforts, to obtain creditor agreement to his proposal and the creditor sought to proceed, the court made an order of adjudication under the Insolvency Act 1967.

Court Disposition

Order of adjudication made

Orders

  • Order of adjudication under the Insolvency Act 1967