New Zealand Case Law: Decisions & Judgments

Topic

High court rules r 24.10

Legal area

Court

21 Sept 2018

MINISTRY OF JUSTICE v MCGUIRE [2018] NZHC 2475

Citation

[2018] NZHC 2475
Court

High Court

The court held the omission to serve a certified copy did not prejudice the debtor, treated service as effective on 30 July 2018 (when the notice was personally served and a certified copy was emailed that day), found the ten-day statutory period expired on 13 August 2018, the debtor filed on 14 August 2018 and therefore had committed an act of bankruptcy, permitting the creditor to commence bankruptcy proceedings.
12 May 2017

MALLEY & CO v BURGESS [2017] NZHC 950

Citation

[2017] NZHC 950
Court

High Court

Rule 24.10(1) is to be read literally: the time for compliance is extended until the setting-aside application is determined and the act of bankruptcy occurs at the expiry of that day; the pleaded date of the act of bankruptcy was a correctable defect under s 418 and should be amended to 5 December 2016; the debtor did not establish a genuinely triable counterclaim; the adjudication application was not an abuse of process but, in the exercise of the Court's discretion under s 38, the adjudication is halted on conditions pending the Court of Appeal's decision on the appeal from the costs/count…
30 Nov 2011

SHARMA V WATI HC AK CIV-2008-404-006367

Citation

openlaw-3effbef1_cdda_4f72_bd33_fd3192f8df58.pdf
Court

High Court

The application for leave to appeal is refused because the correct legal approach is that a debtor must establish any cross-claim as at the time the application to set aside the bankruptcy notices is determined (r 24.10 and s 17); Allan J's judgment eliminated any arguable cross-claim by that time; any deficiencies in the notices were technical and cured by s 418; no question of law or fact of sufficient substance exists to justify leave.

New Zealand Case Law

MINISTRY OF JUSTICE v MCGUIRE [2018] NZHC 2475

MALLEY & CO v BURGESS [2017] NZHC 950

SHARMA V WATI HC AK CIV-2008-404-006367