1 May 2018
THE OFFICIAL TRUSTEE IN BANKRUPTCY v UMEKI & ANOR [2018] NZHC 874
- Citation
- [2018] NZHC 874
- Court
- High Court
The Court found the Official Trustee met Articles 15 and 17 requirements, the Osaka bankruptcies are foreign main proceedings (COMI in Japan), the documents were authentic and not contrary to New Zealand public policy, and therefore New Zealand assets are to be entrusted to the Official Trustee under Article 21(2). Mortgagees are protected and no unsecured NZ creditors were identified, supporting the entrustment order.