HADDOCK v HADDOCK [2019] NZHC 530

HADDOCK v HADDOCK [2019] NZHC 530

The applicant established she is a person suffering loss or damage as a result of the Official Assignee's disclaimer (mortgage interest eroding equity and need to complete sale), and in all the circumstances it was fair and appropriate to exercise the Court's discretion under s119 to vest the property in the applicant alone.

Citation
[2019] NZHC 530
Parties
Applicant: Elisabeth Helen Haddock; Plaintiff (bankrupt): Timothy John Haddock
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 March 2019
Procedural Posture
Bankruptcy (insolvency Act S119) / Application for Vesting Order Determined on the Papers
Outcome
Vesting order granted under s119 Insolvency Act 2006; land vested in Elisabeth Helen Haddock.
Legal Topics
Vesting Order, Disclaimer of Onerous Property, Relationship Property Interests, Mortgage Interest Accrual
Insolvency Property Family Law Vesting Order Disclaimer of Onerous Property Relationship Property Interests Mortgage Interest Accrual

Case Brief

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Parties

Elisabeth Helen Haddock

Applicant

Timothy John Haddock

Plaintiff (bankrupt)

Procedural Posture

Bankruptcy (insolvency Act S119) / Application for Vesting Order Determined on the Papers

Legal Issues

  1. 1 Whether the applicant is a 'person suffering loss or damage' as a result of the Official Assignee's disclaimer under s119
  2. 2 Whether it is 'fair' and appropriate to make a vesting order under s119 given surrounding circumstances
  3. 3 Effect of Official Assignee disclaimer of onerous property on non‑bankrupt partner's interests

Ratio Decidendi

The applicant established she is a person suffering loss or damage as a result of the Official Assignee's disclaimer (mortgage interest eroding equity and need to complete sale), and in all the circumstances it was fair and appropriate to exercise the Court's discretion under s119 to vest the property in the applicant alone.

Court Disposition

Vesting order granted under s119 Insolvency Act 2006; land vested in Elisabeth Helen Haddock.

Orders

  • All the land comprised in Lot 14, Deposited Plan 15461, Identifier CB540/217 is vested in Elisabeth Helen Haddock.