16 May 2019
THE MINISTRY OF JUSTICE v MCGUIRE [2019] NZHC 1078
- Citation
- [2019] NZHC 1078
- Court
- High Court
Section 42 was inapplicable because the appeal was not against the judgment underlying the bankruptcy notice, but it was just and equitable to exercise the broader discretion under s 38 to halt the Ministry's application pending determination of the appeal to the Court of Appeal because the appeal might reduce the debtor's liabilities below the statutory threshold and materially affect the exercise of the bankruptcy jurisdiction; the debtor had not fully discharged the debt because interest accrued and $103.12 remained outstanding.