New Zealand Case Law: Decisions & Judgments

Topic

Advertising of adjudication

Legal area

Court

29 Jan 2019

COLLINS & MAY LAW v MEMELINK [2019] NZHC 36

Citation

[2019] NZHC 36
Court

High Court

The stay on advertising was rescinded because the statutory scheme requires advertising to enable the Assignee to identify and investigate creditors and assets; given the complexity of the bankrupt's affairs, the Assignee cannot perform that function without advertising and the bankrupt's concerns about reputation and health do not constitute sufficient exceptional grounds to justify a continued stay.
12 May 2015

HARRISON v HARRISON [2015] NZHC 1054

Citation

[2015] NZHC 1054
Court

High Court

Suspension and prohibition of advertising were refused because (1) refusal would not render appeals nugatory under Lindsay; (2) the proposed underlying appeal lacked bona fides and reasonable prospects given gross delay and merit assessment; (3) suspension risked asset dissipation and prejudice to creditors and trust beneficiaries; and (4) the balance of convenience and public interest favored immediate administration and advertising by the Assignee.
9 Apr 2013

TM SALA V THE COMMISSIONER OF INLAND REVENUE HC WN CIV-2012-435-21

Citation

openlaw-82125103_dfb4_4feb_b907_e6d18f59d637.pdf
Court

High Court

Leave to appeal to the Court of Appeal was not required under s 414(2); there was no prima facie basis to restrain advertising because s 65 imposes an obligation to advertise and s 66 only permits non-advertising where an appeal or annulment application exists; the applicant provided no evidence of hardship or grounds for suspension under s 416; public interest and the Official Assignee's duty to identify creditors outweighed unsubstantiated stigma concerns, therefore the application to prevent advertising was refused and any appeal may be lodged directly in the Court of Appeal.

New Zealand Case Law

COLLINS & MAY LAW v MEMELINK [2019] NZHC 36

HARRISON v HARRISON [2015] NZHC 1054

TM SALA V THE COMMISSIONER OF INLAND REVENUE HC WN CIV-2012-435-21