19 Feb 2015
GOODWIN v COPLAND [2015] NZHC 213
- Citation
- [2015] NZHC 213
- Court
- High Court
An assignment of a right to sue vested in the Official Assignee will only be effective to vest the right in the bankrupt if either (a) the Assignee makes an application and the court grants approval under s221 of the Insolvency Act 2006, or (b) the Assignee disclaims the claim and the bankrupt obtains a court order under s119(3) vesting the disclaimed claim in the bankrupt; absent those statutory routes s102 causes immediate vesting in the Assignee and an attempted assignment to the bankrupt would be ineffective.