12 May 2020
JONES v DROMGOOL [2020] NZHC 968
- Citation
- [2020] NZHC 968
- Court
- High Court
The Court found the creditor established the s13 jurisdictional facts: a certain debt of at least $1,000 arising from the District Court costs order, the debtor committed an act of bankruptcy by failing to comply with the Bankruptcy Notice, and the debt is payable; Limitation Act did not bar bankruptcy proceedings; costs liability was joint and several so creditor could pursue the debtor; the debtor failed to discharge the onus to show it would be just and equitable to refuse adjudication or that he could pay; accordingly under s36 the Court adjudicated the debtor bankrupt and awarded costs.