STANLEY and BARBER v FIELDING-LINK [2023] NZHC 2259

STANLEY and BARBER v FIELDING-LINK [2023] NZHC 2259

The Court exercised its discretion under s8 ICBA to grant the assistance requested because the County Court had issued a letter of request, the relief sought was the kind of relief the High Court could grant if the matter had arisen in New Zealand, and the defendant failed to establish a compelling reason — including necessity or public policy conflict — to refuse assistance.

Citation
[2023] NZHC 2259
Parties
Plaintiff (joint Trustee in English Bankruptcy): Paul Stanley; Plaintiff (joint Trustee in English Bankruptcy): Paul Barber; Defendant (bankrupt): Kay Suzanne Fielding-Link
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 August 2023
Procedural Posture
Cross Border Insolvency Assistance Under Insolvency (cross Border) Act 2006 S8 / Application for Recognition and Assistance; Judgment on Application
Outcome
Application granted
Legal Topics
Recognition of Foreign Trustees, Letters of Request, Section 8 ICBA Discretion, Comity and Modified Universalism, Trust Property and Disposition Challenges, Disclosure and Examination Orders, Enforcement and Realisation of Assets
Insolvency Law Cross Border Insolvency Trusts Law Private International Law Bankruptcy Law Recognition of Foreign Trustees Letters of Request Section 8 ICBA Discretion +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Paul Stanley

Plaintiff (joint Trustee in English Bankruptcy)

Paul Barber

Plaintiff (joint Trustee in English Bankruptcy)

Kay Suzanne Fielding-Link

Defendant (bankrupt)

Procedural Posture

Cross Border Insolvency Assistance Under Insolvency (cross Border) Act 2006 S8 / Application for Recognition and Assistance; Judgment on Application

Legal Issues

  1. 1 Whether the High Court should act in aid of an English bankruptcy court under s8 ICBA
  2. 2 Whether assistance may be refused because it would enable foreign officers to do what they could not do under the law that appointed them
  3. 3 Whether assistance was necessary for performance of the trustees' functions

Ratio Decidendi

The Court exercised its discretion under s8 ICBA to grant the assistance requested because the County Court had issued a letter of request, the relief sought was the kind of relief the High Court could grant if the matter had arisen in New Zealand, and the defendant failed to establish a compelling reason — including necessity or public policy conflict — to refuse assistance.

Court Disposition

Application granted

Orders

  • Recognition in New Zealand of the plaintiffs' appointment as joint trustees in the English bankruptcy of Kay Suzanne Fielding-Link
  • An order permitting the plaintiffs, by counsel, to examine Kay Suzanne Fielding-Link, Matthew Link and Mr Van Rossem as to the defendant's financial and asset position before the Court