16 Aug 2013
ASB BANK LIMITED v ROBERTSON [2013] NZHC 2125
- Citation
- [2013] NZHC 2125
- Court
- High Court
The applications were dismissed because the debtors failed to establish a genuine triable cross-claim that the bank breached s176 such that recoverable damages would equal or exceed the bankruptcy notice balance; the valuation and marketing evidence made a recovery sufficient to defeat the notices unsustainable.