New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Revival of liability

Legal area

Court

11 Feb 2008

GREEN EX PARTE BANK OF NEW ZEALAND HC AK CIV 2006-404-006480

Citation

openlaw-97c9357e_d5ae_46ea_ab34_be884f6c2d06.pdf
Court

High Court

Annulment under s119(1)(b) was unavailable because Ms Ansell's judgment debt remained unpaid; annulment under s119(1)(a) was inappropriate because adjudication was properly made at the time; annulment was justified under s119(1)(c) because the bank's debt has been paid, sufficient funds are held to cover Ms Ansell's debt and there are no other known creditors, constituting a substantial change in financial circumstances since adjudication.
16 Feb 2007

GREEN V ACCIDENT COMPENSATION CORPORATION HC HAM CIV 2006-419-985

Citation

openlaw-960e9942_b423_418e_8609_a9cc1312aee8.pdf
Court

High Court

Even if s119(1)(b) may be inapplicable, annulment is justified under s119(1)(c) because all known due debts were paid, the Inland Revenue claim relates to amounts not yet due, no other creditors were known, no administration had been undertaken and the petitioning creditor consented, demonstrating a substantial change in financial circumstances warranting revival of liability and annulment of the adjudication.