8 Nov 2018
BANK OF NEW ZEALAND v LEE [2018] NZHC 2901
- Citation
- [2018] NZHC 2901
- Court
- High Court
Because the Court of Appeal in Commissioner of Inland Revenue v Wilson established the Court lacks jurisdiction to approve a compromise in an application to set aside a bankruptcy notice where the creditor has not accepted the proposal, and because the debtor did not plead any s17 cross-claim or other grounds (abuse of process or inherent jurisdiction) and his proposal was unsupported and uncertain, the application had no prospect of success and was dismissed with costs to the creditor.