New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Court discretion to adjudicate

Legal area

Court

8 Jun 2016

COMMISSIONER OF INLAND REVENUE v BROWN [2016] NZHC 1232

Citation

[2016] NZHC 1232
Court

High Court

The Commissioner satisfied the statutory prerequisites for adjudication; the debtor's repayment proposal was not realistic given chronic tax arrears, prior failed arrangements, poor financial management and insufficient creditor support, and the public interest in accountability and oversight outweighed the debtor's hardship and industry disqualification, therefore an order for adjudication was appropriate.
2 Dec 2015

COMMISSIONER OF INLAND REVENUE v MEREDITH [2015] NZHC 3030

Citation

[2015] NZHC 3030
Court

High Court

The Commissioner proved a judgment debt and non-compliance with a bankruptcy notice; the debts claimed arose after the prior adjudication so were not barred from a fresh adjudication; the documents tendered by the respondent were ineffective as bills of exchange and amounted to worthless promissory notes; the respondent failed to show compelling reasons to decline adjudication and the public interest supported appointment of the Official Assignee, therefore the court adjudicated the respondent bankrupt.