New Zealand Case Law

1 May 2018

THE OFFICIAL TRUSTEE IN BANKRUPTCY v UMEKI & ANOR [2018] NZHC 874

Citation

[2018] NZHC 874

Court

High Court

The Court found the Official Trustee met Articles 15 and 17 requirements, the Osaka bankruptcies are foreign main proceedings (COMI in Japan), the documents were authentic and not contrary to New Zealand public policy, and therefore New Zealand assets are to be entrusted to the Official Trustee under Article 21(2). Mortgagees are protected and no unsecured NZ creditors were identified, supporting the entrustment order.

• Recognition of foreign proceedings
• Article 15 documentary requirements
• Article 17 recognition as foreign main proceeding
• Article 21 entrustment of distribution of assets
• Public policy exception (article 6)