New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Adjournment of adjudication

Legal area

Court

14 Dec 2018

THE MINISTRY OF JUSTICE v MCGUIRE [2018] NZHC 3322

Citation

[2018] NZHC 3322
Court

High Court

The court held that the unpaid bankruptcy notice constituted an act of bankruptcy and the creditor could claim outstanding debts beyond the notice amount, but in the exercise of its s 37(e) discretion declined to adjudicate bankrupt at first call because immediate adjudication would be devastating to the respondent's professional life and an adjournment to 14 March 2019 was warranted as a final opportunity to settle.
9 Jun 2011

DAVID STEWART HENDERSON V THE COMMISSIONER OF INLAND REVENUE HC AK CIV-2009-404-004351

Citation

openlaw-edb01e7e_06af_4bf4_950c_7bd559f97670.pdf
Court

High Court

Adjournment denied and adjudication ordered: the court refused to halt the adjudication because of excessive delay (18+ months), significant public interest in prompt resolution and minimizing risk to third parties, prior statutory non-compliance in the first proposal, the slender and disputed margin by which the second proposal purportedly passed, likely further delay and prejudice to creditors; accordingly the court exercised its discretion to adjudicate the debtor bankrupt.