21 Mar 2018
JUDD v HODGKINSON [2018] NZHC 491
- Citation
- [2018] NZHC 491
- Court
- High Court
The debtor failed to discharge the onus to show it would be just and equitable to refuse adjudication. The timing and size of the gifts (one and two days after the Family Court hearing) support an inference of intent to frustrate potential judgment and leave assets beyond reach; the Official Assignee must be allowed to investigate possible s205 claims and the debtor did not rebut the presumption of insolvency. Public interest in preventing judgment‑proofing and enabling statutory investigation outweighed the debtor's contention that adjudication would be pointless; accordingly the Court adjud…
- Bankruptcy adjudication
- Clawback of gifts (s205)
- Spousal maintenance
- Discretion to refuse adjudication (s37)
- Judgment‑proofing
- Public interest in insolvency oversight