6 Dec 2012
JULIE MARGARET ALEXANDER V BANK OF NEW ZEALAND HC AK CIV-2012-404-2691
- Citation
- openlaw-70eef515_dcfc_45fc_ab9c_e83f62567cb4.pdf
- Court
- High Court
Although technical requirements for adjudication were satisfied, the Court considered debtor's arguments and evidence and concluded they did not show it would be unjust or inequitable to adjudicate: debtor had commercial guarantees, obtained benefit from alleged transfers, plausible recoverable assets or security existed (eg Fifer security), and the Official Assignee's investigatory powers and public interest in enforcing guarantees warranted adjudication; accordingly the debtor failed to discharge the onus and adjudication ordered.