New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Assignee discretion

Legal area

Court

8 Dec 2015

MU v OFFICIAL ASSIGNEE [2015] NZHC 3108

Citation

[2015] NZHC 3108
Court

High Court

The appeal was dismissed because the Official Assignee lawfully and reasonably exercised his statutory discretion to discontinue the bankrupt's pre‑adjudication proceedings: the estate had no available assets, the pleaded claims lacked sufficient merit or novel legal basis to justify incurring estate expense, the body corporate and approved remediation scheme were valid and binding, and the applicant failed to demonstrate any error of law, consideration of irrelevant matters or that the decision was plainly wrong.
12 Jun 2015

HENDERSON v THE OFFICIAL ASSIGNEE [2015] NZHC 1341

Citation

[2015] NZHC 1341
Court

High Court

Although the Assignee erred in parts of the process by failing initially to have regard to the bankrupt's personal interests and by applying an outdated presumption against travel, the January 2015 refusal was correct on its merits because the applicant failed to provide independent corroborative evidence and the proposed travel was properly assessed as consistent with participation in management of a business requiring s149 consent; appeal dismissed.