New Zealand Case Law: Decisions & Judgments

Topic

Vesting order under s119

Legal area

Court

27 Apr 2016

PANTHER v PANTHER [2016] NZHC 809

Citation

[2016] NZHC 809
Court

High Court

The court found the applicant had suffered loss and damage as a result of the Official Assignee's disclaimer—principally ongoing mortgage obligations, negative equity and significant remedial costs—and it was fair to exercise the discretion under s119 to vest the bankrupt's one half interest in each property in the applicant to enable regularisation of title and potential sale, while preserving the respondent's relationship property rights.
29 Jun 2012

SA MARLOW AND SN MARLOW HC NAP CIV-2012-441-376

Citation

openlaw-0b7c6d34_859c_4948_a1a3_ffb70c611f3c.pdf
Court

High Court

The Court found that it was fair under s119 Insolvency Act 2006 to vest the bankrupt's interest in Mrs Marlow because the Official Assignee had disclaimed the interest, the mortgagee and Crown consented, the vesting would enable an agreed sale to proceed and no party opposed the relief; accordingly a vesting order was granted.
16 Sept 2010

SCOTT PHILIP SHALLISH HC INV CIV-2010-425-000439

Citation

openlaw-ee075851_356f_4637_8c15_20227754aa8d.pdf
Court

High Court

Because the Assignee's disclaimer relieved the bankrupt estate of the equal obligation for the property's outgoings thereby causing the applicant to sustain loss by assuming the entire obligation, and because the bankrupt has acknowledged and agreed the property should become the applicant's sole and separate property, it was fair under s119 to vest the bankrupt's interest in the applicant.

New Zealand Case Law

PANTHER v PANTHER [2016] NZHC 809

SA MARLOW AND SN MARLOW HC NAP CIV-2012-441-376

SCOTT PHILIP SHALLISH HC INV CIV-2010-425-000439