TEDDI ALISON ROSS v BRYAN KEITH ROSS [2014] NZHC 2582

TEDDI ALISON ROSS v BRYAN KEITH ROSS [2014] NZHC 2582

Permission to file an objection under s 292 was refused because the creditor failed to pursue the statutory remedies under ss 226 or 147 in time, the Official Assignee had investigated and reasonably concluded no recoverable assets existed, the objection was an impermissible backdoor attack on the assignee's earlier...

Source-derived case information.

Citation
[2014] NZHC 2582
Parties
Judgment Creditor: Teddi Alison Ross; Judgment Debtor: Bryan Keith Ross
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 October 2014
Procedural Posture
Bankruptcy — Application Under Insolvency Act 2006 S 292 for Permission to Object to Automatic Discharge / Hearing on Application for Permission to Object to Automatic Discharge (telephone Conference)
Outcome
Application for permission to object to automatic discharge refused.
Legal Topics
Automatic Discharge, Objection to Discharge, Contributions by Bankrupt, Official Assignee Decisions, Public Examination, S 292, S 226, S 147
Insolvency Law Bankruptcy Trusts Civil Procedure Automatic Discharge Objection to Discharge Contributions by Bankrupt Official Assignee Decisions +4 more

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Parties

Teddi Alison Ross

Judgment Creditor

Bryan Keith Ross

Judgment Debtor

Procedural Posture

Bankruptcy — Application Under Insolvency Act 2006 S 292 for Permission to Object to Automatic Discharge / Hearing on Application for Permission to Object to Automatic Discharge (telephone Conference)

Legal Issues

  1. 1 Whether creditor should be granted leave under s 292 to object to the bankrupt's automatic discharge
  2. 2 Whether complaints about the Official Assignee's assessment of contributions can be addressed by s 292
  3. 3 Whether a public examination is likely to disclose further assets or misconduct sufficient to refuse discharge or impose conditions

Ratio Decidendi

Permission to file an objection under s 292 was refused because the creditor failed to pursue the statutory remedies under ss 226 or 147 in time, the Official Assignee had investigated and reasonably concluded no recoverable assets existed, the objection was an impermissible backdoor attack on the assignee's earlier decision, and a public examination was unlikely to disclose assets but would impose costs reducing creditor dividends.

Court Disposition

Application for permission to object to automatic discharge refused.

Orders

  • Permission to object to the automatic discharge under s 292 is refused.