27 Aug 2018
SHARROCK v KIPPING [2018] NZHC 2210
- Citation
- [2018] NZHC 2210
- Court
- High Court
The application to set aside the bankruptcy notice was dismissed because the debtor failed to establish a genuine triable cross-claim or set-off of equal or greater value as required by s17(1)(d) and s17(7) of the Insolvency Act 2006: the alleged invoices were unparticularised, unsupported by evidence, often concerned company rather than personal liability, and were presented only after the bankruptcy notice; the Court of Appeal declined the extension so the costs judgment stood; no procedural unfairness requiring setting aside was shown.