22 Feb 2021
OAKES v JORDAN [2021] NZHC 234
- Citation
- [2021] NZHC 234
- Court
- High Court
The trustees established s13 grounds so they were prima facie entitled to adjudication; the debtor failed to discharge the burden to show it was just and equitable under s37 to refuse adjudication because his factors (contribution, standing, alleged futility, last‑minute proposal) were insufficient and there was risk to creditors; accordingly the court granted the bankruptcy order but delayed its operation until 4.00 pm on 5 March 2021 to give a final opportunity to pay the debt, costs and disbursements in cleared funds.
- Adjudication under s13 and s36
- Discretion to refuse adjudication under s37
- Just and equitable considerations
- Bankruptcy notices and payment arrangements
- Costs assessment (high court rules 2016)