22 Nov 2010
FONTEIN V BANK OF NEW ZEALAND HC AK CIV 2009-404-007769
- Citation
- openlaw-e5f69c2a_13a6_4582_b8f9_e6edec8ba368.pdf
- Court
- High Court
Jurisdictional requirements under ss13 and 36 were satisfied; balancing discretionary factors under s37, the debtor failed to demonstrate that adjudication should be refused: the very large deficiency arising from debtor's control of risky property development, the public interest in exposing and supervising insolvent operators, the insufficiency of proposals and lack of oppressive conduct by the creditor compelled the court to adjudicate the debtor bankrupt.