20 May 2020
The Official Trustee in Bankruptcy as Trustee of the Bankrupt Estate of Duncan Frederick Sadler v Duncan Frederick Sadler [2020] NZHC [1060]
- Citation
- The Official Trustee in Bankruptcy as Trustee of the Bankrupt Estate of Duncan Frederick Sadler v Duncan Frederick Sadler [2020] NZHC [1060]
- Court
- High Court
The affidavits demonstrated that the Australian debtor's petition bankruptcy is a collective insolvency proceeding supervised under Australian law and thus satisfies the definitions in Schedule 1; Article 15(2)(c) and r 24.56 evidential requirements were met despite absence of a foreign court decision; consequently the Australian bankruptcy is recognised as a foreign main proceeding and the New Zealand Official Assignee is appropriately entrusted with administration/realisation of assets in New Zealand, with leave to serve orders overseas.