MURRAY v OFFICIAL ASSIGNEE HC AK CIV-2010-404-003412
The administrator's final report dated 17 July 2011 was sufficient to show the estate had reached the point for final distribution and the court ordered distribution to proceed in accordance with the report.
Source-derived case information.
- Citation
- openlaw-aa189823_8152_4795_9a91_4922b0a089eb.pdf
- Parties
- Applicant / Administrator and Trustee of the Estate of Ian Douglas Anderson, Deceased: James Stewart Murray; Respondent: The Official Assignee in Bankruptcy of the Property of Scott Crawford Anderson (Bankrupt); Interested Party: Aztek Securities Ltd; Interested Party: Shenval Holdings Ltd; Self Represented Party: S E K Reeves
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 16 August 2011
- Procedural Posture
- Application for Directions Under the Trustee Act 1956 / Final Distribution Approval on Papers
- Outcome
- Application granted; final distribution approved.
- Legal Topics
- Administrator's Final Report, Distribution of Estate, Trustee Act Ss 66 and 74, Court Directions
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Stewart Murray
Applicant / Administrator and Trustee of the Estate of Ian Douglas Anderson, Deceased
The Official Assignee in Bankruptcy of the Property of Scott Crawford Anderson (Bankrupt)
Respondent
Aztek Securities Ltd
Interested Party
Shenval Holdings Ltd
Interested Party
S E K Reeves
Self Represented Party
Procedural Posture
Application for Directions Under the Trustee Act 1956 / Final Distribution Approval on Papers
Legal Issues
- 1 Whether the administrator's final report provided a sufficient basis to permit final distribution of the estate
- 2 Whether the court should order distribution in accordance with the administrator's final report
Ratio Decidendi
The administrator's final report dated 17 July 2011 was sufficient to show the estate had reached the point for final distribution and the court ordered distribution to proceed in accordance with the report.
Court Disposition
Application granted; final distribution approved.
Orders
- Final distribution of the estate is to proceed in accordance with the distribution summary set out in the administrator's final report dated 17 July 2011.
Full Case Text
Judgment text and source record
1 paragraphs
MURRAY v OFFICIAL ASSIGNEE HC AK CIV-2010-404-003412 16 August 2011IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2010-404-003412IN THE MATTER OF ss 66 and 74 of the Trustee Act 1956AND IN THE MATTER OF an application for directions by theAdministrator and Trustee of the Estate ofIAN DOUGLAS ANDERSON, DeceasedBETWEEN JAMES STEWART MURRAYApplicantAND THE OFFICIAL ASSIGNEE INBANKRUPTCY OF THE PROPERTY OFSCOTT CRAWFORD ANDERSON(BANKRUPT)RespondentHearing: 16 August 2011(On the Papers)Counsel: D P H Jones QC for the ApplicantN A Farrands for Aztek Securities Ltd and Shenval Holdings LtdS E K Reeves in PersonJudgment: 16 August 2011JUDGMENT OF DUFFY J[Re Administrator's Final Report]This judgment was delivered by Justice Duffyon 16 August 2011 at 11.00 am/pm, pursuant tor 11.5 of the High Court RulesRegistrar/Deputy RegistrarDate:[1] I have read the administrator's final report, dated 17 July 2011. Theinformation contained therein is sufficient to satisfy me that the point has been reached where this estate can be finally distributed.[2] The final distribution of the estate is to proceed in accordance with thedistribution summary set out in the administrator's final report.Duffy JCounsel: D P H Jones QC P O Box 1750 Shortland Street Auckland 1140 for the ApplicantSolicitors: Morrison Kent P O Box 222 (DX CP18001) Shortland Street Auckland 1140 for Aztec Securities Ltd and Shenval Holdings LtdS E K Reeves (in person) P O Box 90150 Victoria Street West Auckland 1142Copy To: Cook Morris Quinn (A C Cook) P O Box 84203 Westgate Auckland 0657