New Zealand Case Law: Decisions & Judgments

Topic

Official assignee objections

Legal area

Court

9 Sept 2016

OʼBRIEN v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZHC 2142

Citation

[2016] NZHC 2142
Court

High Court

Although the bankrupt breached obligations by managing a property business without consent and concealed funds (resulting in prosecution and conviction), the Court exercised its s294 discretion and, balancing public interest, creditors' interests and proportionality (including the bankrupt's age, hardship and the sentence imposed), ordered discharge effective 13 December 2016 without conditions because continuation beyond that date was no longer justified.
12 Aug 2008

COMMISSIONER OF INLAND REVENUE V RD ADAMS HC WN CIV 2007-485-2300

Citation

openlaw-76029296_bc13_40b7_8036_f00af209e6d6.pdf
Court

High Court

Annulment refused because applicant failed to establish that the adjudication should not have been made: no procedural defect, no abuse of process, and no material fact withheld; applicant was represented earlier and the adjournment date was known; there was no undertaking by IRD to adjourn. Further, applicant failed to provide verified evidence of solvency or assets available to meet creditors and the Official Assignee objected, so s309(1)(b) could not be satisfied.
6 Nov 2006

RE EMERSON HC NAP CIV-2006-441-426

Citation

openlaw-7fd439ad_6ec5_46ad_b6ed_227d03ae6406.pdf
Court

High Court

Although the adjudication was properly made when the debt was unpaid on 2 November 2006, the subsequent payment of the debt and costs and the absence of any objection from the Official Assignee or other creditors warranted the Court exercising its discretion to annul the adjudication under s119(1)(b) Insolvency Act 1967.

New Zealand Case Law

OʼBRIEN v MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2016] NZHC 2142

COMMISSIONER OF INLAND REVENUE V RD ADAMS HC WN CIV 2007-485-2300

RE EMERSON HC NAP CIV-2006-441-426