11 Nov 2019
YOONWOO C & C DEVELOPMENT CORP v HUH [2019] NZHC 2986
- Citation
- [2019] NZHC 2986
- Court
- High Court
Summary judgment was set aside because the defendant established an arguable defence: it was reasonably arguable he was resident in New Zealand (not Korea) when proceedings commenced and that steps taken in his name in Korea were unauthorised so he did not submit to Korean jurisdiction; given the court’s duty under the Insolvency Act to be satisfied the debt exists 'in truth and reality', the bankruptcy adjudication could not proceed and the bankruptcy application was dismissed; costs for the summary judgment were awarded to the creditor and other interlocutory directions made.