16 Nov 2015
BANK OF NEW ZEALAND v STEWART [2015] NZHC 2864
- Citation
- [2015] NZHC 2864
- Court
- High Court
The bank satisfied the jurisdictional requirements of s13 and proved an act of bankruptcy by non‑compliance with a properly served bankruptcy notice; the respondent is the person who gave the guarantees and against whom the District Court judgment was validly obtained; no arguable defence or set‑off was raised sufficient to rebut the presumption in favour of adjudication and, in the exercise of the court's discretion (ss36-37), adjudication was appropriate to ensure accountability and to deal with the respondent's insolvency.