6 Aug 2021
ZHANG v HU [2021] NZHC 2034
- Citation
- [2021] NZHC 2034
- Court
- High Court
Although the judgment debtor cannot demonstrate capacity to pay the debt within a reasonable time, the Court exercised its discretion under s38 to halt the adjudication because the adjudication would likely prevent continuation of related defamation proceedings against a party related to the creditor (the director), the debt is relatively small, and the equitable balance weighs in favour of halting until the Defamation Proceedings (CIV-2019-404-925) are determined.