PETER RICHARD PRESCOTT v NEW ZEALAND POLICE [2018] NZSC 43
The applicant's primary argument that he is not a 'person' within the Insolvency Act 2006 is plainly without merit and provides no arguable ground for appeal; accordingly the applications for leave to appeal and to set aside the High Court judgment are dismissed.
Source-derived case information.
- Citation
- [2018] NZSC 43
- Parties
- Applicant: Peter Richard Prescott; Respondent: New Zealand Police
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 9 May 2018
- Procedural Posture
- Leave to Appeal to Supreme Court; Application to Set Aside Bankruptcy Notice; Review of Deputy Registrar Decision / Application for Leave to Appeal Dismissed by Supreme Court
- Outcome
- Applications for leave to appeal and to set aside the High Court judgment dismissed; costs awarded to respondent
- Legal Topics
- Bankruptcy Notice, Personhood Under Statute, Appeal Out of Time, Filing Fee Waiver
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Richard Prescott
Applicant
New Zealand Police
Respondent
Procedural Posture
Leave to Appeal to Supreme Court; Application to Set Aside Bankruptcy Notice; Review of Deputy Registrar Decision / Application for Leave to Appeal Dismissed by Supreme Court
Legal Issues
- 1 Whether the applicant is a 'person' within the meaning of the Insolvency Act 2006 and thus subject to the Act
- 2 Whether leave to appeal out of time should be granted
- 3 Whether the Deputy Registrar's refusal and Brown J's dismissal should be overturned
Ratio Decidendi
The applicant's primary argument that he is not a 'person' within the Insolvency Act 2006 is plainly without merit and provides no arguable ground for appeal; accordingly the applications for leave to appeal and to set aside the High Court judgment are dismissed.
Court Disposition
Applications for leave to appeal and to set aside the High Court judgment dismissed; costs awarded to respondent
Orders
- Application for leave to appeal dismissed
- Application to set aside High Court judgment dismissed
Full Case Text
Judgment text and source record
1 paragraphs
PETER RICHARD PRESCOTT v NEW ZEALAND POLICE [2018] NZSC 43 [9 May 2018]IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUISC 18/2018[2018] NZSC 43BETWEEN PETER RICHARD PRESCOTTApplicantAND NEW ZEALAND POLICERespondentCourt: Elias CJ, William Young and Ellen France JJCounsel: Applicant in personK M Wakelin and G E W Montgomery for RespondentJudgment: 9 May 2018JUDGMENT OF THE COURTA The applicant's applications for leave to appeal and to setaside the High Court judgment are dismissed.B The applicant is to pay the respondent costs of $2,500.____________________________________________________________________REASONS[1] The applicant applied to the Court of Appeal for leave to appeal out of timeagainst the dismissal in the High Court of an application to set aside a bankruptcynotice1 and sought a waiver in respect of the filing fee. This was refused by the DeputyRegistrar. His application to review that decision was dismissed by Brown J.2 Henow seeks leave to appeal to this Court against the decision of Brown J.1 Prescott v New Zealand Police [2017] NZHC 2701 (Associate Judge Bell).2 Prescott v New Zealand Police [2018] NZCA 16.[2] The point which the applicant wishes to advance is that he is not a "person"and thus not subject to the Insolvency Act 2006. We do not propose to engage withthis argument, save to say that it is self-evidently wrong.[3] The application for leave to appeal is dismissed as is a further document whichthe applicant has filed, styled "[a]pplication as of right to have the judgment ofAssociate Judge Bell set aside under the doctrine on ex debito justitiae".[4] The applicant is to pay the respondent costs of $2,500.Solicitors:Meredith Connell, Auckland for Respondent