RE DEANS [2020] NZHC 2664

RE DEANS [2020] NZHC 2664

Evidence in the applicant's affidavit and accompanying BDO statements established the estate was insolvent or likely insufficient to meet claims under s380; given the cross‑border complexity and the applicant's residence overseas and lack of insolvency expertise the Official Assignee was demonstrably better placed...

Source-derived case information.

Citation
[2020] NZHC 2664
Parties
Applicant: Robert Maxwell Deans; Deceased: Ian Bruce Deans
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 October 2020
Procedural Posture
Insolvency (application Under Insolvency Act 2006 Part 6) / Judgment on Originating Without‑notice Application
Outcome
Application granted. Estate to be administered under Part 6 of the Insolvency Act 2006; applicant removed as administrator; Official Assignee appointed to administer the whole estate; leave granted for originating without‑notice filing; applicant's reasonable costs payable as proper costs under s393.
Legal Topics
Administration Under Part 6 Insolvency Act 2006, Appointment of Official Assignee, Without‑notice/originating Procedure Under High Court Rules, Solvency Assessment, Costs as Proper Costs Under S393
Insolvency Law Probate and Estates Cross‑border Insolvency Administration Under Part 6 Insolvency Act 2006 Appointment of Official Assignee Without‑notice/originating Procedure Under High Court Rules Solvency Assessment Costs as Proper Costs Under S393

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Parties

Robert Maxwell Deans

Applicant

Ian Bruce Deans

Deceased

Procedural Posture

Insolvency (application Under Insolvency Act 2006 Part 6) / Judgment on Originating Without‑notice Application

Legal Issues

  1. 1 Whether the estate is insolvent or likely insufficient to meet claims under s380
  2. 2 Whether the Official Assignee should be appointed to administer the estate under s385
  3. 3 Whether the originating application could be heard without notice under the High Court Rules

Ratio Decidendi

Evidence in the applicant's affidavit and accompanying BDO statements established the estate was insolvent or likely insufficient to meet claims under s380; given the cross‑border complexity and the applicant's residence overseas and lack of insolvency expertise the Official Assignee was demonstrably better placed to administer the estate under s385 and s387; leave was justified to hear the originating application without notice under the High Court Rules; applicant entitled to payment of reasonable costs as proper costs under s393.

Court Disposition

Application granted. Estate to be administered under Part 6 of the Insolvency Act 2006; applicant removed as administrator; Official Assignee appointed to administer the whole estate; leave granted for originating without‑notice filing; applicant's reasonable costs payable as proper costs under s393.

Orders

  • Leave granted to commence proceedings by way of originating application without notice
  • Estate of the late Ian Bruce Deans to be administered under Part 6 of the Insolvency Act 2006