COMMISSIONER OF INLAND REVENUE V MCGLYNN HC AK CIV-2010-404-0069

COMMISSIONER OF INLAND REVENUE V MCGLYNN HC AK CIV-2010-404-0069

Leave to file the notice of opposition was declined because the debtor failed to file timely opposition and did not demonstrate any properly arguable defence to the adjudication in circumstances where insolvency was established.

Source-derived case information.

Citation
openlaw-a3c8e7c4_1966_45dd_9918_e2ee5aad7d20.pdf
Parties
Judgment Creditor: Commissioner of Inland Revenue; Judgment Debtor: John James McGlynn
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 June 2010
Procedural Posture
Insolvency Adjudication / Hearing on Application for Leave to File Notice of Opposition (final Adjournment)
Outcome
Leave to file notice of opposition declined.
Legal Topics
Adjudication Order, Leave to File Notice of Opposition, Opposition to Adjudication, Settlement Negotiations, Public Interest in Insolvency
Insolvency Civil Procedure Debt Recovery Adjudication Order Leave to File Notice of Opposition Opposition to Adjudication Settlement Negotiations Public Interest in Insolvency

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Parties

Commissioner of Inland Revenue

Judgment Creditor

John James McGlynn

Judgment Debtor

Procedural Posture

Insolvency Adjudication / Hearing on Application for Leave to File Notice of Opposition (final Adjournment)

Legal Issues

  1. 1 Whether debtor should be granted leave to file a notice of opposition out of time
  2. 2 Whether the debtor has a properly arguable defence to the adjudication application
  3. 3 Whether ongoing settlement negotiations justify granting procedural relief

Ratio Decidendi

Leave to file the notice of opposition was declined because the debtor failed to file timely opposition and did not demonstrate any properly arguable defence to the adjudication in circumstances where insolvency was established.

Court Disposition

Leave to file notice of opposition declined.

Orders

  • Leave to file notice of opposition is declined.