14 Nov 2019
FM CUSTODIANS LIMITED v KOOIMAN [2019] NZHC 2955
- Citation
- [2019] NZHC 2955
- Court
- High Court
The applicant met the statutory and procedural requirements for adjudication; the debtor's asserted grounds for a halt amount to re‑litigation of issues already raised or capable of being raised in earlier proceedings and therefore are precluded as an abuse of process; the debtor failed to show a just and equitable basis or even an arguable counterclaim sufficient to halt adjudication; public interest in finality and accountability mandates adjudication.