THE COMMISSIONER OF INLAND REVENUE V SJ WHITE HC WN CIV 2008-485-2158

THE COMMISSIONER OF INLAND REVENUE V SJ WHITE HC WN CIV 2008-485-2158

Given the outstanding default judgment debt, the debtor's failure to provide verified evidence of assets and liabilities and his omission of significant claimed debts, the Court concluded the debtor is unable to pay his debts and that, on balance of factors under s37, it is just and equitable to make an order for...

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Citation
openlaw-c6d269c5_96c0_45d4_ba91_1abbef81a27d.pdf
Parties
Judgment Creditor: THE COMMISSIONER OF INLAND REVENUE; Judgment Debtor: STEPHEN JOHN WHITE; Creditor in Support: SANNE LARA STEPHEN WHITE PROPERTIES LIMITED (IN LIQUIDATION)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 March 2009
Procedural Posture
Bankruptcy Adjudication Under the Insolvency Act 2006 / Application for Adjudication; Oral Judgment
Outcome
Order for adjudication made; debtor adjudicated bankrupt
Legal Topics
Adjudication Order, Bankruptcy Notice, Court Discretion to Refuse Adjudication, Ability to Pay, Costs
Insolvency Law Bankruptcy Tax Law Civil Procedure Adjudication Order Bankruptcy Notice Court Discretion to Refuse Adjudication Ability to Pay +1 more

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Parties

THE COMMISSIONER OF INLAND REVENUE

Judgment Creditor

STEPHEN JOHN WHITE

Judgment Debtor

SANNE LARA STEPHEN WHITE PROPERTIES LIMITED (IN LIQUIDATION)

Creditor in Support

Procedural Posture

Bankruptcy Adjudication Under the Insolvency Act 2006 / Application for Adjudication; Oral Judgment

Legal Issues

  1. 1 Whether the debtor is unable to pay his debts and therefore insolvent
  2. 2 Whether the Court should exercise its discretion under s37 Insolvency Act 2006 to refuse adjudication
  3. 3 Whether the debt claimed is genuinely disputed and whether the debtor's asset/liability statement is reliable

Ratio Decidendi

Given the outstanding default judgment debt, the debtor's failure to provide verified evidence of assets and liabilities and his omission of significant claimed debts, the Court concluded the debtor is unable to pay his debts and that, on balance of factors under s37, it is just and equitable to make an order for adjudication.

Court Disposition

Order for adjudication made; debtor adjudicated bankrupt

Orders

  • An order for adjudication is made.
  • Costs awarded to the judgment creditor, the Commissioner of Inland Revenue, and the creditor in support, Sanne Lara Stephen White Properties Limited (in liquidation), on a category 2B basis together with disbursements as fixed by the Registrar.