THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE PROPERTY OF K J BAINBRIDGE V A C MENZIES AND ANOR HC AK CIV 2009-404-003391

THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE PROPERTY OF K J BAINBRIDGE V A C MENZIES AND ANOR HC AK CIV 2009-404-003391

The Court, on the parties' agreement, set aside the default judgment and granted extension of time to appeal the Official Assignee's notice on the conditions that the trustees withdraw challenges to the 2003 and 2004 gifts and accept agreed limitations concerning deeds of acknowledgement of debt; the proceedings were consolidated and an amended timetable and pleadings schedule ordered.

Citation
openlaw-e488c27a_3f5d_4e82_857d_101393029ec8.pdf
Parties
Plaintiff/respondent: The Official Assignee in Bankruptcy in the property of Keith James Bainbridge; Defendants/applicants: Annie Catherine Menzies and Simon Middleton Palmer as Trustees of the Kahurangi Trust
Court
Unknown Court
Jurisdiction
New Zealand
Judgment Date
2 July 2010
Procedural Posture
High Court Civil (bankruptcy; Applications to Set Aside Judgment and to Extend Time to Appeal) / Hearing on Applications; Consent Orders Made Following Hearing and Memorandum Exchanges
Outcome
Default judgment sealed 28 July 2009 set aside by consent; extension of time to appeal granted subject to conditions; proceedings consolidated; timetable directions issued; costs reserved.
Legal Topics
Setting Aside Default Judgment, Extension of Time to Appeal, Set Aside Dispositions, Consolidation of Proceedings, Timetable/direction Orders, Deeds of Acknowledgement of Debt
Bankruptcy Civil Procedure Trusts Property Setting Aside Default Judgment Extension of Time to Appeal Set Aside Dispositions Consolidation of Proceedings +2 more

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Parties

The Official Assignee in Bankruptcy in the property of Keith James Bainbridge

Plaintiff/respondent

Annie Catherine Menzies and Simon Middleton Palmer as Trustees of the Kahurangi Trust

Defendants/applicants

Procedural Posture

High Court Civil (bankruptcy; Applications to Set Aside Judgment and to Extend Time to Appeal) / Hearing on Applications; Consent Orders Made Following Hearing and Memorandum Exchanges

Legal Issues

  1. 1 Whether the default judgment obtained and sealed on 28 July 2009 should be set aside
  2. 2 Whether special leave to extend time to appeal the Official Assignee's notice of 8 April 2009 should be granted
  3. 3 Whether proceedings should be consolidated and an agreed timetable imposed

Ratio Decidendi

The Court, on the parties' agreement, set aside the default judgment and granted extension of time to appeal the Official Assignee's notice on the conditions that the trustees withdraw challenges to the 2003 and 2004 gifts and accept agreed limitations concerning deeds of acknowledgement of debt; the proceedings were consolidated and an amended timetable and pleadings schedule ordered.

Court Disposition

Default judgment sealed 28 July 2009 set aside by consent; extension of time to appeal granted subject to conditions; proceedings consolidated; timetable directions issued; costs reserved.

Orders

  • Official Assignee consents to application to set aside the judgment in CIV 2009-404-003391
  • Costs reserved