HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2015] NZHC 1759

HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2015] NZHC 1759

The adjournment was refused because the statutory insolvency scheme requires timely public examination and compels answers subject to s185 protection; the Assignee acted responsibly, the bankrupt knew of the charges and would not be unduly prejudiced as a matter warranting exceptional delay, and the public interest in timely administration outweighed the risk of prejudice to criminal proceedings.

Citation
[2015] NZHC 1759
Parties
Judgment Creditor (substituted Creditor): Havenleigh Global Services Limited; Judgment Creditor (substituted Creditor): FM Custodians Limited; Judgment Debtor: David Ian Henderson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 July 2015
Procedural Posture
Bankruptcy (insolvency Act 2006) / Pre Examination Adjournment Application / Ruling
Outcome
Application for adjournment dismissed; public examination to proceed as scheduled.
Legal Topics
Public Examination, Adjournment, Self Incrimination, Discharge From Bankruptcy, Stay of Proceedings, Concurrent Civil and Criminal Proceedings
Insolvency Criminal Law Civil Procedure Human Rights (nzbora) Public Examination Adjournment Self Incrimination Discharge From Bankruptcy +2 more

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Parties

Havenleigh Global Services Limited

Judgment Creditor (substituted Creditor)

FM Custodians Limited

Judgment Creditor (substituted Creditor)

David Ian Henderson

Judgment Debtor

Procedural Posture

Bankruptcy (insolvency Act 2006) / Pre Examination Adjournment Application / Ruling

Legal Issues

  1. 1 Whether the public examination should be adjourned pending criminal proceedings arising from the same facts
  2. 2 Whether statutory provisions (ss 184, 185, 295 Insolvency Act 2006) and case law require deferral to protect fair trial rights under s 25(d) NZBORA
  3. 3 How to balance public interest and prejudice to the bankrupt's right to timely discharge

Ratio Decidendi

The adjournment was refused because the statutory insolvency scheme requires timely public examination and compels answers subject to s185 protection; the Assignee acted responsibly, the bankrupt knew of the charges and would not be unduly prejudiced as a matter warranting exceptional delay, and the public interest in timely administration outweighed the risk of prejudice to criminal proceedings.

Court Disposition

Application for adjournment dismissed; public examination to proceed as scheduled.

Orders

  • The Assignee's application for adjournment of Mr Henderson's public examination is dismissed
  • There is no order as to costs