New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Court consideration under s442

Legal area

Court

13 Jun 2019

THE OFFICIAL ASSIGNEE v VEDDER [2019] NZHC 1340

Citation

[2019] NZHC 1340
Court

High Court

Because the plaintiff demonstrated proper service, the defendant filed no defence or took any step, and the court was satisfied after considering the matters in s442 on the affidavit evidence, the Official Assignee was entitled to an order for sale under s339(1) and judgment was entered for the plaintiff.
1 Aug 2018

THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE ESTATE OF MARK ESDOT v PEACHEY [2018] NZHC 1949

Citation

[2018] NZHC 1949
Court

High Court

Because the Official Assignee acquired the bankrupt's interest on adjudication (severing the joint tenancy), attempted negotiation failed, the defendant did not oppose the application, and the statutory factors in s442 favour sale, the court properly granted summary judgment by default and made orders under s339(1)(a) and s343 authorising sale and associated directions.