New Zealand Case Law: Decisions & Judgments

Topic

Appointment of official assignee

Legal area

Court

15 Jun 2023

DELORME SE24 LIMITED (in Liquidation) v SPOT X LIMITED [2023] NZHC 1488

Citation

[2023] NZHC 1488
Court

High Court

Interim appointment of the Official Assignee was justified because Delorme proved necessity and expediency under s246: the director's failure to comply with a s261 notice, subsequent transfer of subsidiary shares shortly after the notice, and steps to avoid service created a real risk of dissipation of assets; appointing the Official Assignee preserved the status quo, protected creditor interests and was proportionate and neutral.
9 Oct 2020

RE DEANS [2020] NZHC 2664

Citation

[2020] NZHC 2664
Court

High Court

Evidence in the applicant's affidavit and accompanying BDO statements established the estate was insolvent or likely insufficient to meet claims under s380; given the cross‑border complexity and the applicant's residence overseas and lack of insolvency expertise the Official Assignee was demonstrably better placed to administer the estate under s385 and s387; leave was justified to hear the originating application without notice under the High Court Rules; applicant entitled to payment of reasonable costs as proper costs under s393.
6 May 2019

Estate of Horrocks application for order of administration [2019] NZHC 969

Citation

[2019] NZHC 969
Court

High Court

The Court granted the orders under s 380 because the executors assessed the estate as insolvent, a substantial claim existed and the executors lacked funds to defend it, the claimants consented to the orders, and the Official Assignee was willing to administer the estate.
3 Dec 2013

Estate of Raharuhi te Momo [2013] NZHC 3219

Citation

[2013] NZHC 3219
Court

High Court

Having been shown the estate was insolvent, with co-executors consenting and the Official Assignee willing to act, the court ordered administration under Part 6 and appointed the Official Assignee, removing the current administrators.
6 May 2010

GORMAN VERMEL INTERNATIONAL FREIGHT LIMITED V RP DURNEY HC NAP CIV-2009-441-744

Citation

openlaw-56c25f89_99b5_47a8_a288_989938cd3efa.pdf
Court

High Court

The court adjudicated the debtor bankrupt because on the debtor's own figures he was manifestly insolvent, the Part 5 proposal was speculative, filed late and unlikely to satisfy s33(3), and the circumstances warranted appointment of the Official Assignee to investigate; therefore adjudication and costs were ordered.

New Zealand Case Law

DELORME SE24 LIMITED (in Liquidation) v SPOT X LIMITED [2023] NZHC 1488

RE DEANS [2020] NZHC 2664

Estate of Horrocks application for order of administration [2019] NZHC 969

Estate of Raharuhi te Momo [2013] NZHC 3219

GORMAN VERMEL INTERNATIONAL FREIGHT LIMITED V RP DURNEY HC NAP CIV-2009-441-744