16 May 2022
JUSTITIAE TRUSTEE CO LTD v BRADBURY [2022] NZHC 1070
- Citation
- [2022] NZHC 1070
- Court
- High Court
Payment into the respondent's solicitors' trust account did not satisfy the judgment debt because the payment was made on terms and conditions not contained in the sealed costs orders (payment asserted to be to him as trustee and subject to undertakings); the respondent rejected those conditions and returned the funds, so the debt remained due. Evidence of solvency or retained funds in the applicant's solicitor trust account did not justify setting aside the statutory demand.
- Statutory demand
- Companies act s 290
- Companies act s 291
- Trustee costs
- Trustee act 1956 s 71
- Trusts act 2019 ss 37, 81, 140