NEW ZEALAND POLICE v PETER RICHARD PRESCOTT [2018] NZHC 618

NEW ZEALAND POLICE v PETER RICHARD PRESCOTT [2018] NZHC 618

A halt order under s 42(2) of the Insolvency Act 2006 was appropriate and was granted pending the hearing and determination of Mr Prescott's appeal and judicial review set down for 14 August 2018 because the appeal was bona fide and not plainly hopeless, the prejudice to the creditor did not outweigh granting a halt, and the public/administrative considerations supported pausing adjudication; the halt was conditional on compliance with the appeal timetable and reserved leave to the creditor to apply to lift the halt if the debtor defaulted.

Citation
[2018] NZHC 618
Parties
Judgment Creditor: New Zealand Police; Judgment Debtor: Peter Richard Prescott
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 April 2018
Procedural Posture
Bankruptcy Adjudication Application / Hearing and Judgment on Adjudication Application; Halt Order Made
Outcome
Halt order granted under s 42(2) Insolvency Act 2006 pending hearing and determination of appeal and judicial review set down 14 August 2018, conditional on debtor complying with timetable; leave reserved to creditor to apply to lift halt if condition breached; no halt granted on ground that Act does not apply to...
Legal Topics
Adjudication Order, Halt Order Under S 42 Insolvency Act 2006, Act of Bankruptcy S 17, Court Discretion Under S 37, Bankruptcy Notice, Costs Orders, Appeal and Judicial Review, Stay and Adjournment
Insolvency / Bankruptcy Civil Procedure Administrative Law Criminal Procedure / Arrest Law Public Law Adjudication Order Halt Order Under S 42 Insolvency Act 2006 Act of Bankruptcy S 17 +5 more

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Parties

New Zealand Police

Judgment Creditor

Peter Richard Prescott

Judgment Debtor

Procedural Posture

Bankruptcy Adjudication Application / Hearing and Judgment on Adjudication Application; Halt Order Made

Legal Issues

  1. 1 Whether a halt order under s 42(2) of the Insolvency Act 2006 should be made pending appeal and judicial review
  2. 2 Whether the adjudication application should be adjourned to allow further argument or evidence
  3. 3 Whether the Court should refuse adjudication under s 37(c) or (d)

Ratio Decidendi

A halt order under s 42(2) of the Insolvency Act 2006 was appropriate and was granted pending the hearing and determination of Mr Prescott's appeal and judicial review set down for 14 August 2018 because the appeal was bona fide and not plainly hopeless, the prejudice to the creditor did not outweigh granting a halt, and the public/administrative considerations supported pausing adjudication; the halt was conditional on compliance with the appeal timetable and reserved leave to the creditor to apply to lift the halt if the debtor defaulted.

Court Disposition

Halt order granted under s 42(2) Insolvency Act 2006 pending hearing and determination of appeal and judicial review set down 14 August 2018, conditional on debtor complying with timetable; leave reserved to creditor to apply to lift halt if condition breached; no halt granted on ground that Act does not apply to...

Orders

  • Adjudication proceeding halted under s 42(2) pending hearing and determination of appellant's appeal and judicial review set down for 14 August 2018
  • Halt is conditional on the judgment debtor complying with any remaining timetable or other directions relevant to the 14 August 2018 hearing