NR MOORE V COLLECTION HOUSE (NZ) LIMITED AND ORS HC AK CIV-2010-404-1815

NR MOORE V COLLECTION HOUSE (NZ) LIMITED AND ORS HC AK CIV-2010-404-1815

The Court approved the creditors' proposal because the procedural requirements of Part 5 Sub‑Part 2 were satisfied, all creditors present and representing the relevant creditor claims voted to accept the proposal, the proposal was reasonable and calculated to benefit the general body of creditors, and it was...

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Citation
openlaw-dd55a3f5_d413_45f2_a1dc_10fd0000e901.pdf
Parties
Insolvent: Nadia Roman Moore; Creditor: Collection House (NZ) Limited; Creditor: Dun & Bradstreet (New Zealand) Limited; Creditor: EC Credit Control Limited; Provisional Trustee: Christine Liggins
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 May 2010
Procedural Posture
Application Under S 333 Insolvency Act 2006 for Court Approval of a Creditors' Proposal / Hearing for Approval (oral Judgment)
Outcome
Application succeeded; approval granted to the creditors' proposal dated 18 March 2010 pursuant to s 333 Insolvency Act 2006
Legal Topics
Creditors' Proposal, Court Approval Under S 333, Creditors' Meeting Under S 331, Provisional Trustee, Procedural Compliance
Insolvency Law Bankruptcy Civil Procedure Creditors' Proposal Court Approval Under S 333 Creditors' Meeting Under S 331 Provisional Trustee Procedural Compliance

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Parties

Nadia Roman Moore

Insolvent

Collection House (NZ) Limited

Creditor

Dun & Bradstreet (New Zealand) Limited

Creditor

EC Credit Control Limited

Creditor

Christine Liggins

Provisional Trustee

Procedural Posture

Application Under S 333 Insolvency Act 2006 for Court Approval of a Creditors' Proposal / Hearing for Approval (oral Judgment)

Legal Issues

  1. 1 Whether the requirements of Part 5 Sub‑Part 2 were complied with
  2. 2 Whether the proposal is reasonable and calculated to benefit the general body of creditors
  3. 3 Whether it is expedient for the Court to approve the proposal

Ratio Decidendi

The Court approved the creditors' proposal because the procedural requirements of Part 5 Sub‑Part 2 were satisfied, all creditors present and representing the relevant creditor claims voted to accept the proposal, the proposal was reasonable and calculated to benefit the general body of creditors, and it was expedient to grant approval under s 333(3) of the Insolvency Act 2006.

Court Disposition

Application succeeded; approval granted to the creditors' proposal dated 18 March 2010 pursuant to s 333 Insolvency Act 2006

Orders

  • Leave granted to amend the application so it is brought by the provisional trustee Christine Liggins
  • Approval given to the creditors' proposal dated 18 March 2010 pursuant to s 333 Insolvency Act 2006