New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Annulment of bankruptcy adjudication

  • 5 May 2023

    THE OFFICIAL ASSIGNEE v WATERCARE SERVICES LIMITED [2023] NZHC 1061

    Citation
    [2023] NZHC 1061
    Court
    High Court

    Because Ms Parker was solvent at the time of adjudication, the Official Assignee discharged the outstanding water and rates obligations, advertised for other creditors with none coming forward, and annulment was plainly in the bankrupt's interests and not prejudicial to creditors, the court granted annulment under s 309(1)(b) and authorised payment of accrued Watercare debts and reasonable remuneration with any surplus returned to Ms Parker.

    • Annulment of bankruptcy adjudication
    • Official assignee powers and remuneration
    • Payment of creditor debts from estate funds
    • Re-vesting of property
    • Service and notice

  • 27 Feb 2023

    GRACEWOOD INTERNATIONAL LTD v ZHAN [2023] NZHC 307

    Citation
    [2023] NZHC 307
    Court
    High Court

    The Court granted freezing and ancillary orders against the first respondent because Gracewood demonstrated a good arguable case on its Hong Kong guarantee claim (including an arguable basis to seek annulment of the bankruptcy adjudication and a contractual clause purporting to preserve liability despite discharge), showed a real connecting link to New Zealand, and established a real risk of dissipation from past conduct and lack of asset disclosure; the balance of convenience favoured preservation and disclosure. The Court declined orders against the second respondent because the evidence di…

    • Freezing order
    • Ancillary disclosure order
    • Worldwide freezing order
    • Effect of bankruptcy discharge
    • Annulment of bankruptcy adjudication
    • Beneficial ownership

  • 4 Sept 2014

    TAMIHERE v THE COMMISSIONER OF INLAND REVENUE [2014] NZHC 2182

    Citation
    [2014] NZHC 2182
    Court
    High Court

    Application for annulment was struck out because it had no real prospect of success: the assessments are conclusive under s 109, the bankrupt lacks capacity to amend assessments (control rests with the Official Assignee), and substantial undisputed debts remain with no realistic prospect of full satisfaction or arrangements for other creditors.

    • Annulment of bankruptcy adjudication
    • Strike out for no prospects/abuse of process
    • Finality of tax assessments
    • Control of bankrupt's estate by official assignee

  • 19 Dec 2011

    COMMISSIONER OF INLAND REVENUE V BROWN HC AK CIV-2010-404-03740

    Citation
    openlaw-472fb606_c77e_48b8_9f92_42f38d5d1ca8.pdf
    Court
    High Court

    The court held the evidence established the adjudicated bankrupt was the same person referred to in the underlying judgment; a trustee may be personally liable for trust debts; a mistaken reference to the trust in the intituling was immaterial; there was no evidence the debt had been satisfied by a bill of exchange; and the Associate Judge had jurisdiction, therefore the application to annul the adjudication was dismissed.

    • Annulment of bankruptcy adjudication
    • Identity of debtor
    • Trustee liability
    • Abuse of process
    • Jurisdiction of associate judge
    • Bills of exchange argument