2 Jul 2021
KAMAL v RESTRUCTURING INSOLVENCY AND TURNAROUND ASSOCIATION OF NEW ZEALAND INC [2021] NZHC 1626
- Citation
- [2021] NZHC 1626
- Court
- High Court
Court held that ss57 and 58 of the Insolvency Practitioners Regulation Act 2019 do not permit NZICA to issue licences with bespoke or individual-specific conditions for the purpose of enabling an applicant to meet the fit and proper threshold; RITANZ was therefore not required to treat potential s58 arrangements as curing unfitness, but the panel erred by failing to consider certain mitigating material (sentencing mitigation, acceptance of error in Stojkov, applicant's responses to the 2020 NZICA decision) and breached natural justice by making a finding that the applicant would not have soug…