BRUCE ALAN MEAD v HARRY MEMELINK [2016] NZHC 1430

BRUCE ALAN MEAD v HARRY MEMELINK [2016] NZHC 1430

The application to set aside the bankruptcy notice was dismissed because the pending appeal did not amount to a cross-claim under s17 of the Insolvency Act 2006; the Court held that a stay of enforcement pending appeal should be sought under High Court Rules r20.10 rather than in the bankruptcy jurisdiction.

Citation
[2016] NZHC 1430
Parties
Judgment Creditor: Bruce Alan Mead; Judgment Debtor: Harry Memelink
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 June 2016
Procedural Posture
Bankruptcy Notice Under Insolvency Act 2006 / Application to Set Aside Bankruptcy Notice and Application for Stay of Enforcement (oral Hearing)
Outcome
Application to set aside bankruptcy notice dismissed; stay application adjourned with leave to apply by memorandum; costs reserved.
Legal Topics
Bankruptcy Notice, Set Aside, Stay of Enforcement Pending Appeal, Cross Claim Under S17, High Court Rules R20.10
Insolvency Bankruptcy Law Civil Procedure Bankruptcy Notice Set Aside Stay of Enforcement Pending Appeal Cross Claim Under S17 High Court Rules R20.10

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Parties

Bruce Alan Mead

Judgment Creditor

Harry Memelink

Judgment Debtor

Procedural Posture

Bankruptcy Notice Under Insolvency Act 2006 / Application to Set Aside Bankruptcy Notice and Application for Stay of Enforcement (oral Hearing)

Legal Issues

  1. 1 Whether a pending appeal constitutes a cross-claim under s17 of the Insolvency Act 2006
  2. 2 Whether the bankruptcy notice should be set aside
  3. 3 Whether this Court in bankruptcy jurisdiction should grant a stay of enforcement pending appeal

Ratio Decidendi

The application to set aside the bankruptcy notice was dismissed because the pending appeal did not amount to a cross-claim under s17 of the Insolvency Act 2006; the Court held that a stay of enforcement pending appeal should be sought under High Court Rules r20.10 rather than in the bankruptcy jurisdiction.

Court Disposition

Application to set aside bankruptcy notice dismissed; stay application adjourned with leave to apply by memorandum; costs reserved.

Orders

  • Application to set aside bankruptcy notice dismissed.
  • Stay application adjourned.