9 Nov 2007
KNIGHT V INDEPENDENT NEW AUCKLAND LTD HC AK B NO. B1256-IM00
- Citation
- openlaw-ebd9fbbb_fba8_460d_b345_5c936e0a7fad.pdf
- Court
- High Court
Discharge was refused because the applicant's sustained pattern of dishonest conduct, repeated fraud-related convictions including offending during bankruptcy and evidence of trading while bankrupt created an ongoing risk to the public and commercial community; those considerations and the interests of creditors and commercial morality outweighed the penal effect of continued bankruptcy and the NZBORA arguments did not alter that statutory balancing; accordingly the application was dismissed and a 12 month bar on reapplication under s110(1)(d) was ordered.