13 Aug 2013
OFFICIAL ASSIGNEE v ERWOOD [2013] NZHC 1827
- Citation
- [2013] NZHC 1827
- Court
- High Court
The bankrupt's debts provable in the estate have been paid and the earlier conditional annulment (21 Feb 2008) never took effect because its payment conditions were not satisfied; accordingly the Court annuls the bankruptcy under s119(1)(b) effective today. The Court refuses to make an order under s119(7)(a) because it cannot properly scrutinise and approve the quantum of fees now without risking issue estoppel and further litigation and because statutory priority under s104(1)(a) remains available to the Assignee. The s133 release application is dismissed as premature until s132 accounts are…