26 Jun 2014
D J HAMPTON v THE OFFICIAL ASSIGNEE [2014] NZHC 1458
- Citation
- [2014] NZHC 1458
- Court
- High Court
The application for annulment is dismissed: under s 309(1)(a) the applicant failed to show the adjudication should not have been made and speculative contention that an adjournment would have been granted is insufficient; under s 309(1)(c) the net proceeds received ($91,000) are insufficient to revive liabilities given Minter Ellison's debt (~$99,152.94) and the Commissioner’s claimed liability (~$925,235.34), and the proceeds are subject to a freezing order, so there has been no substantial change warranting revival of liability.