12 Oct 2010
WILLIAMS V SIMPSON HC HAM CIV 2010-419-1174
- Citation
- openlaw-26768ab5_4403_49d5_9a56_9ea3a43280d3.pdf
- Court
- High Court
The English bankruptcy was not recognised under Schedule 1 art 17 because the debtor's centre of main interests (habitual residence) was New Zealand and there was no present 'establishment' in England that satisfied the Act's definition; however, the Court exercised its discretion under s 8 to act in aid of the English court and granted assistance to enable the trustee to realise assets in New Zealand while protecting creditors' and other interested persons' rights.