New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Fairness test
  • 25 Sept 2022

    RE MULLINS [2022] NZHC 2422

    Citation
    [2022] NZHC 2422
    Court
    High Court

    The Court was satisfied the applicant suffered loss as a result of the disclaimer because she assumed sole responsibility for all outgoings and maintenance thereby picking up obligations relieved from the bankrupt; applying s119(3) the Court found it fair to vest the property in the applicant given lack of unfairness to other parties and absence of opposition, and accordingly made a vesting order under s119(1)(b).