UDC FINANCE LTD v WHITTINGTON [2021] NZHC 1141

UDC FINANCE LTD v WHITTINGTON [2021] NZHC 1141

The application to suspend adjudication was dismissed because the appellant's proposed appeal was not bona fide and had no reasonable prospect of success, the debtor had committed an act of bankruptcy by not complying with the bankruptcy notice, and the balance of convenience and public interest in prompt Official Assignee investigations favoured refusal of a stay.

Citation
[2021] NZHC 1141
Parties
Judgment Creditor: UDC FINANCE LIMITED; Judgment Debtor: MARK ANTHONY WHITTINGTON
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 May 2021
Procedural Posture
Bankruptcy Adjudication (creditor's Application) / Application for Stay Pending Appeal
Outcome
application dismissed
Legal Topics
Adjudication, Stay of Adjudication, Appeal, Costs, Acts of Bankruptcy, Official Assignee Investigations
Insolvency Bankruptcy Civil Procedure Adjudication Stay of Adjudication Appeal Costs Acts of Bankruptcy +1 more

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Parties

UDC FINANCE LIMITED

Judgment Creditor

MARK ANTHONY WHITTINGTON

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication (creditor's Application) / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether to suspend adjudication under s 416 Insolvency Act 2006
  2. 2 Whether appellant's right of appeal would be rendered nugatory
  3. 3 Bona fides and strength of the appeal

Ratio Decidendi

The application to suspend adjudication was dismissed because the appellant's proposed appeal was not bona fide and had no reasonable prospect of success, the debtor had committed an act of bankruptcy by not complying with the bankruptcy notice, and the balance of convenience and public interest in prompt Official Assignee investigations favoured refusal of a stay.

Court Disposition

application dismissed

Orders

  • Application to suspend adjudication dismissed
  • UDC to have costs on a 1A basis plus reasonable disbursements as fixed by the Registrar