THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE ESTATE OF ELLEN CHRISTINE WRIGHT v WRIGHT [2018] NZHC 2822

THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE ESTATE OF ELLEN CHRISTINE WRIGHT v WRIGHT[2018] NZHC 2822 [31 October 2018]IN THE HIGH COURT OF NEW ZEALANDPALMERSTON NORTH REGISTRYI TE KŌTI MATUA O AOTEAROATE PAPAIOEA ROHECIV-2018-454-75[2018] NZHC 2822UNDER Sub-part 5 of pt 6 of the Property Law Act2007BETWEEN THE OFFICIAL ASSIGNEE INBANKRUPTCY IN THE ESTATE OFELLEN CHRISTINE WRIGHTPlaintiffAND RODNEY OWEN WRIGHTDefendantHearing: 31 October 2018Appearances: Mr Daniel Kerr for the plaintiffDefendant in personJudgment: 31 October 2018JUDGMENT OF ASSOCIATE JUDGE JOHNSTON[1] The Official Assignee at Palmerston North seeks an order pursuant to sub-pt 5of pt 6 of the Property Law Act 2007 for the sale of a property in Pahiatua which sheowns jointly with the defendant, Mr Rodney Wright, following the bankruptcy of theformer owner of the joint interest, Mr Wright's wife, Mrs Ellen Wright. Summaryjudgment is sought.[2] The application for summary judgment was first called in this Court on20 September 2018. Mr Wright appeared on that occasion. He expressed adetermination to reach some accommodation with the Official Assignee which wouldenable him and Mrs Wright to retain their home. I suggested that it might be helpfulwere he to obtain some advice from his solicitors or accountants. I adjourned theOfficial Assignee's application to today's date to give him an opportunity to do so, andto attempt to resolve matters with the Official Assignee. I record in this regard thatMrs Wright's bankrupt estate apparently has debts of less than $100,000 and theproperty which is the subject matter of this proceeding is all but unencumbered. I alsounderstand that Mr Wright is in employment and receives superannuation. Theopportunity to borrow to discharge Mrs Wright's obligations would appear to be arealistic one.[3] When the matter was called today Mr Wright told me that he has approachedlawyers but is not willing or able to pay costs. Despite my urging, he does not appearto have made any genuine attempt to settle matters with the Official Assignee. In shortthere has been no progress.[4] Mr Wright also told me in emphatic terms that the Official Assignee had made noattempt since his wife's bankruptcy to resolve matters relating to the family home with him.That is plainly wrong. There is evidence of correspondence between the Official Assignee'ssolicitors and solicitors acting for Mr Wright.[5] The Official Assignee is entitled to the orders it seeks and, having had regard to theconsiderations set out in s 442 of the Property Law Act, and to everything that Mr Wright hashad to say, I now make orders in terms of the prayer for relief contained in her statement ofclaim dated 27 July 2018.[6] The Official Assignee is also entitled to her costs and I award costs in the sum of$10,258 plus disbursements in the sum of $1,957.75.Associate Judge Johnston