27 Oct 2021
WILLIS STREET PARKING LIMITED v KUMAR [2021] NZHC 2866
- Citation
- [2021] NZHC 2866
- Court
- High Court
The Court adjudicated the debtor bankrupt because the creditor established the jurisdictional facts (non-compliance with the bankruptcy notice constituting an act of bankruptcy) and the debtor failed to establish that the s37 discretion should be exercised to refuse adjudication; given the personal guarantees, potential access to family-trust resources, and public interest in Official Assignee oversight, adjudication was appropriate, subject to a short period for payment.
- Adjudication of bankrupt
- Personal guarantee enforcement
- Court discretion under s37 insolvency act
- Acts of bankruptcy under s17
- Costs and indemnity costs