6 Oct 2014
MATHIESEN v MATHIESEN [2014] NZHC 2449
- Citation
- [2014] NZHC 2449
- Court
- High Court
The habeas corpus application is dismissed because an adjudication of bankruptcy does not amount to 'detention' within the meaning of the Habeas Corpus Act 2001 or at common law; the Act does not apply and the application is a collateral challenge/abuse of process; consequently no hearing is to be allocated and similar future filings are to be refused under the Court's inherent jurisdiction.
- Detention
- Adjudication of bankruptcy
- Statutory interpretation of habeas corpus act 2001
- Refusal to allocate hearing
- Collateral challenge to bankruptcy adjudication