New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bankruptcy enforcement

Legal area

Court

23 Feb 2023

BAMBER v THE OFFICIAL ASSIGNEE [2023] NZHC 260

Citation

[2023] NZHC 260
Court

High Court

The High Court held that in the facts of this case tikanga Māori did not prevent or displace the operation of s152(2) of the Insolvency Act 2006; the District Court did not err in refusing additional oral evidence from kaumātua and correctly granted the Assignee's possession order because s152 is a procedural statutory mechanism that prevails where applicable.
27 Sept 2019

TAYLOR v ASTERON LIFE LIMITED [2019] NZHC 2459

Citation

[2019] NZHC 2459
Court

High Court

The Court ordered the sealed judgment be corrected to remove an item purporting to be post-judgment interest (because such interest arises by operation of law and should not be included in the sealed order), upheld the award of costs including second counsel as properly allowed, and refused the stay of execution pending appeal because no security was offered, the applicant's financial evidence was unreliable or inadequate, and the appeal had little prospect of overturning adverse factual findings.