28 Mar 2017
KAYA [2017] NZHC 570
- Citation
- [2017] NZHC 570
- Court
- High Court
The applicant qualified as a person suffering loss from the Assignee's disclaimer because the disclaimer eliminated the bankrupt's liabilities while leaving the applicant solely liable for mortgage and outgoings, and the court was satisfied that, having regard to those ongoing liabilities, lack of opposition, and the applicant's opportunity to refinance, it was fair to vest the bankrupt's interest in the applicant under s119(1)(b).