26 Nov 2021
HAINES v MEMELINK [2021] NZHC 3205
- Citation
- [2021] NZHC 3205
- Court
- High Court
The applicant failed to prove on the available evidence that as at the re-hearing date he was an overall creditor of the debtor to the extent of at least $1,000, so the statutory threshold in s13 was not satisfied; substitution under s44 was unavailable because the applicant had proceeded with due diligence and had offered evidence at the hearing; accordingly the application for adjudication was dismissed.
- Adjudication for bankruptcy
- Section 13 threshold
- Substitution of applicant s44
- Effect of s104 on assets
- Due diligence in insolvency proceedings