New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Statute‑barred interest
  • 3 Oct 2016

    ROBINSON v PIGOU [2016] NZHC 2381

    Citation
    [2016] NZHC 2381
    Court
    High Court

    Payment of $15,000 to the creditor from the liquidator did not reduce the debtor's liability because equivalent benefit was received in respect of the debtor's interests via assignment; interest arrears falling due more than six years before the bankruptcy request (i.e. before 4 May 2010) are statute‑barred; debtor's notification of overstatement in the amended setting‑aside application satisfied s 30(1) so the notice was prima facie invalid but the court will exercise its s 418 discretion to amend the notice to correct the overstatement rather than invalidate it; accordingly the notice was a…