12 Mar 2014
KEMENY v THE OFFICIAL ASSIGNEE [2014] NZHC 443
- Citation
- [2014] NZHC 443
- Court
- High Court
The applicant failed to prove, on the balance of probabilities, that the 12 August and 3 November 2008 letters effected a pledge or assignment of the chattels; contemporaneous documentary evidence and adviser correspondence are inconsistent with the claimed security, originals were not produced and the applicant's evidence contained material inconsistencies, therefore the chattels remain part of the bankrupt estate and the payment is an unsecured advance.