10 Aug 2020
SINGH v OFFICIAL ASSIGNEE [2020] NZHC 2001
- Citation
- [2020] NZHC 2001
- Court
- High Court
The application was dismissed because the statutory mechanism for suspending an adjudication (s 416 Insolvency Act) requires an appeal to have been filed, which had not occurred; the assets had vested in the Official Assignee who is under a statutory duty to realise and distribute the estate; there is no statutory or adequate inherent jurisdiction to order the Assignee to halt sales or to fund the bankrupt's litigation from the estate, and granting the relief would prejudice creditors and risk insolvency of the estate.