New Zealand Case Law: Decisions & Judgments

Topic

Bankruptcy notice non-compliance

Legal area

Court

17 Nov 2016

COMMISSIONER OF INLAND REVENUE v MUSUKU [2016] NZHC 2773

Citation

[2016] NZHC 2773
Court

High Court

The Court found the jurisdictional facts established and, exercising its discretion, adjudged the debtor bankrupt because the debt was unpaid, the debtor had committed an act of bankruptcy, there was a public interest in preserving tax-system integrity and enabling investigation by the Official Assignee into possible asset dispositions, and adjudication would not breach NZBORA rights as legal aid or counsel could be available.
2 Dec 2015

COMMISSIONER OF INLAND REVENUE v MEREDITH [2015] NZHC 3030

Citation

[2015] NZHC 3030
Court

High Court

The Commissioner proved a judgment debt and non-compliance with a bankruptcy notice; the debts claimed arose after the prior adjudication so were not barred from a fresh adjudication; the documents tendered by the respondent were ineffective as bills of exchange and amounted to worthless promissory notes; the respondent failed to show compelling reasons to decline adjudication and the public interest supported appointment of the Official Assignee, therefore the court adjudicated the respondent bankrupt.
31 Jul 2015

COMMISSIONER OF INLAND REVENUE v WATKINS [2015] NZHC 1780

Citation

[2015] NZHC 1780
Court

High Court

The court held that (1) the District Court default judgment fixed the debtor's liability for the causes of action pleaded and bars recovery of pre-judgment amounts that were within those causes of action but not claimed; (2) however statutory penalties and use-of-money interest under the Tax Administration Act continue to accrue after judgment and are recoverable, and the merger rule does not extinguish statutory post-judgment interest and penalties; (3) given the debtor's insolvency, repeated adjournments, lack of progress on the insurance claim and the real risk of massive further accrual o…

New Zealand Case Law

COMMISSIONER OF INLAND REVENUE v MUSUKU [2016] NZHC 2773

COMMISSIONER OF INLAND REVENUE v MEREDITH [2015] NZHC 3030

COMMISSIONER OF INLAND REVENUE v WATKINS [2015] NZHC 1780