HARRISON v HARRISON [2016] NZHC 2854

HARRISON v HARRISON [2016] NZHC 2854

Leave to file or be heard in opposition was refused because the proposed opposition merely rehashed previously rejected complaints, did not disclose any substantial or triable cross-claim, and the debtor had not appealed prior adverse decisions; accordingly an adjudication order adjudicating the debtor bankrupt was properly made and costs awarded to the creditors.

Citation
[2016] NZHC 2854
Parties
Judgment Creditor: Graeme Ross Harrison; Judgment Creditor: Adrienne Harrison; Judgment Debtor: Angela Janice Harrison
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 November 2016
Procedural Posture
Bankruptcy Adjudication Under Insolvency Act 2006 / Hearing on Adjudication Application (high Court)
Outcome
Adjudication order entered; Angela Janice Harrison adjudicated bankrupt; leave to file opposition and to be heard refused.
Legal Topics
Adjudication Order, Bankruptcy Notice, Setting Aside Application, Caveat Removal, Enforcement of Costs Orders
Insolvency Bankruptcy Trusts Civil Procedure Costs Adjudication Order Bankruptcy Notice Setting Aside Application +2 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 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Graeme Ross Harrison

Judgment Creditor

Adrienne Harrison

Judgment Creditor

Angela Janice Harrison

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Under Insolvency Act 2006 / Hearing on Adjudication Application (high Court)

Legal Issues

  1. 1 Whether the proposed grounds of opposition constituted a substantial defence warranting leave to be heard
  2. 2 Whether the judgment debtor committed an act of bankruptcy by failing to comply with the bankruptcy notice
  3. 3 Whether an adjudication order should be made based on unpaid costs and disbursements orders

Ratio Decidendi

Leave to file or be heard in opposition was refused because the proposed opposition merely rehashed previously rejected complaints, did not disclose any substantial or triable cross-claim, and the debtor had not appealed prior adverse decisions; accordingly an adjudication order adjudicating the debtor bankrupt was properly made and costs awarded to the creditors.

Court Disposition

Adjudication order entered; Angela Janice Harrison adjudicated bankrupt; leave to file opposition and to be heard refused.

Orders

  • Judgment debtor refused leave to file her notice of opposition and evidence in opposition or to be heard in opposition.
  • Order adjudicating Angela Janice Harrison bankrupt.