11 Aug 2011
FULLER V WESTPAC NZ LIMITED HC HAM CIV-2011-419-543
- Citation
- openlaw-9441639b_ba6b_41a4_a237_418674b59a11.pdf
- Court
- High Court
The applications to set aside the bankruptcy notices and to approve the proposed payment plan were refused because the proposed payments (78 x $100 = $7,800) were plainly inadequate to settle the judgment debt of $67,687.87, the procedure advanced was akin to a Part 5 proposal (which cannot be approved in this bankruptcy notice procedure), without prejudice communications were inadmissible, and the Court would not exercise its inherent jurisdiction to set aside the notices in these circumstances.