4 Aug 2020
Cancellation under s10(1)(e) was appropriate because the property had ceased to be the family home (wife deceased and husband residing overseas); s16 part-cancellation route was inapplicable to the applicant's primary request, and the Registrar must follow s10 notification and effect cancellation if no response.
7 Sept 2016
The Court granted a limited extension of time and upheld the Associate Judge's power to direct the solicitors to file affidavits; directed Steindle Williams to file and serve by 3.00 pm on 9 September 2016 an affidavit listing matters it acted on for Mr Richards and whether it holds documents relating to those matters, and to file a second affidavit in a sealed envelope listing matters for associated entities to be opened only after a positive ruling on the originating application at the 22 September 2016 hearing; otherwise the Associate Judge's orders stand and the stay was rightly refused o…
3 Jun 2016
The stay application under s22 Trans-Tasman Proceedings Act was dismissed because (1) an Australian bankruptcy court would not, in practical effect, have jurisdiction for the trustees' application under s21(3)/s24(1) because New Zealand would not recognise or enforce the kind of Australian insolvency orders sought (excluded by the Order in Council and recognition rules), and (2) on the s24(2) connecting factors New Zealand was the more appropriate forum (subject matter and records located in Auckland, application directed at a NZ law firm, NZ law governs privilege and trustee powers). Consequ…
4 May 2014
Section 8 of the Insolvency (Cross-border) Act 2006 empowers the High Court to act in aid of an overseas insolvency court and to exercise powers it could exercise if the matter had arisen in New Zealand; because s 171 of the Insolvency Act 2006 authorises an Assignee to require production of documents, the High Court may recognise the English Trustee and authorise him to obtain the transaction history of the identified New Zealand bank account on payment of reasonable costs.
22 Feb 2011
The Court exercised its power under s 8 to grant assistance to the English trustee by ordering the Official Assignee to pay net realised New Zealand funds to the English trustee after authorised deductions (estate costs and disbursements, specified New Zealand creditor debts, solicitors' fees within set limits and a short continuation of the debtor's allowance) and permitting a contingency retention of up to $20,000; the Court refused payment to the B V Adams No 2 Family Trust claim because of related‑party links and disputed ownership issues more appropriately determined in the English bankr…
5 Nov 2010
The Court exercised its discretion under s 8 of the Insolvency (Cross-border) Act 2006 to assist the English trustee: it declared that the bullion and foreign currency seized from 35 Ann Street vested in the English trustee, authorised the Official Assignee to sell the bullion (except currency) and to bank and hold proceeds in a trust account pending further order, authorised examinations under the Insolvency Act 2006 (ss 165-171) subject to specified protections (no further examination of Ms Mann without leave; Mr Clough may apply to set aside a summons), permitted limited participation by t…
29 Sept 2010
Given the Official Assignee's audit showing a 41‑bar shortfall, the contractor's evidence of two concealed compartments and the debtor's conduct, the Court found an objective and credible basis to believe bullion, currency, precious metals or related documents were concealed in the two compartments and in safes; accordingly a search warrant was issued limited to those two areas and any safes elsewhere, with strict conditions on execution, seizure, custody and non‑investigative handling of documents pending recognition; the Court refused broader warrant authorization because wider search lacke…
21 Sept 2010
The application for adjournment was refused because the need to protect the bankrupt's assets and ensure cooperation with the insolvency process created sufficient urgency; minimal accommodation was afforded (short delay to allow preparation) but the balance of interests favored proceeding with the s166 examination ordered under art 19 of the Cross-border Act.