New Zealand Case Law: Decisions & Judgments

IN RE KIPKE [2017] NZHC 1361

Citation

[2017] NZHC 1361

Court

High Court

The Ontario deed forgiving the debt manifested the mortgagee's clear intention to release the debtor and, despite not mentioning the mortgage instrument, amounted to "words to that effect" under s 83(1)(c) so that the debt was discharged and the mortgage may be treated as paid and permitted to be discharged by order of the Court.

27 Jan 2012

THE OFFICIAL ASSIGNEE IN THE BANKRUPTCY OF BRYAN DAVID MAYERS V BRYAN DAVID MAYERS, VIVIENNE NANCY MAYERS AND CHARMAINE ANNE FIELD, AS TRUSTEES OF THE BRIAN AND VIVIENNE MAYERS FAMILY TRUST HC NEL CIV-2011-442-000461

Citation: openlaw-6b621e11_ebeb_4d60_b0dd_3f19be40971f.pdf
Court: Unknown Court

A release (forgiveness) of debt by deed does not constitute a transfer of property or an interest in property for the purposes of s 207 of the Insolvency Act 2006 because the creditor's chose in action is abrogated, not transferred to the debtor; therefore the Court lacked jurisdiction under s 207 to order retransfer or payment and the application must be dismissed.