16 Sept 2015
YOUNG v BAILEY [2015] NZHC 2243
- Citation
- [2015] NZHC 2243
- Court
- High Court
An act of bankruptcy occurred and the judgment debt remained unpaid; there was no reliable evidence the debtor was presently able to pay his debts and the Harassment Act claim and related costs order were personal to the creditor and did not vest in the Official Assignee; discretionary factors (including need to uphold court cost orders and lack of evidence of ability to pay) favored adjudication, so the Court adjudicated the debtor bankrupt and awarded increased costs (2B uplift 33 1/3%) but refused indemnity costs.