15 Apr 2016
BARTERCARD EXCHANGE LIMITED v ANTHONY HARRY DE VRIES [2015] NZHC 703
- Citation
- BARTERCARD EXCHANGE LIMITED v ANTHONY HARRY DE VRIES [2015] NZHC 703
- Court
- High Court
The bankruptcy notice was overstated and, although the debtor timely disputed the notice under s 30, the creditor failed to prove with sufficient evidence the precise allocation and amounts of payments (including payments by a co-guarantor) so as to permit correction under s 418; therefore the act of bankruptcy relied upon was not proved and, alternatively, the court exercised its discretion under s 37 to refuse adjudication; the adjudication application was dismissed.