New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Discharge conditions

Legal area

Court

3 Dec 2023

Re Rebecca Kennedy aka Sarena Walker [2023] NZHC 83

Citation

[2023] NZHC 83
Court

High Court

The court discharged the bankrupt but imposed permanent prohibitions under s 299 because the Official Assignee established a continuing risk to the public and creditors through evidence of significant unpaid debts, alleged fraud, attempted concealment of substantial funds, and statutory non‑compliance; conditions were necessary and proportionate to mitigate that risk and protect the public and creditors, and may be varied or cancelled on application.
27 Sept 2012

ARMITAGE V ESTABLISHED INVESTMENTS LIMITED (IN LIQUIDATION) COA CA399/2011

Citation

COA CA399/2011
Court

Court of Appeal

The Associate Judge did not err in exercising the broad statutory discretion under ss 110 and 111 of the Insolvency Act 1967; given the appellant's successive bankruptcies, convictions for dishonesty, misuse of company and trust structures and continuing conduct during bankruptcy, a three year extension and three year post-discharge prohibition on engaging in business were proportionate and necessary to protect creditors and the commercial community and were within the judge's discretion.