New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Application to set aside bankruptcy notice

  • 9 Jul 2020

    NEW ZEALAND POLICE v PRESCOTT [2020] NZHC 1727

    Citation
    [2020] NZHC 1727
    Court
    High Court

    The payments made by Prescott are not repayable because the costs orders made by Moore J and the upholding of the bankruptcy notice were independently valid and enforceable despite the later setting aside of the District Court costs order; consequently Police are entitled to retain the payments and to discontinue the bankruptcy application.

    • Repayment of sums paid under unsuspended judgments
    • Interlocutory costs and finality
    • Stay of execution pending appeal
    • Halt orders under s42 insolvency act
    • Application to set aside bankruptcy notice

  • 13 Sept 2007

    INSITE DESIGN & DEVELOPMENT LTD V JOHN CAMERON SADLER HC AK CIV2006-404-4528

    Citation
    openlaw-ea992c52_19ad_43d2_a8a3_2b08ce87e3d5.pdf
    Court
    High Court

    The application to recall the judgment was refused because none of the relied-on grounds met the narrow circumstances permitting recall; the application for a stay was refused because the applicant failed to show a likelihood of a substantial miscarriage of justice or that appeal rights would be rendered nugatory, parties had consented to filing of the petition and Insite is entitled to enjoy the fruits of its judgment; issues about staying further petition steps are matters for the Court's discretion under s 26 of the Insolvency Act.

    • Bankruptcy notice
    • Recall of judgment
    • Stay of execution
    • Statutory demand
    • Application to set aside bankruptcy notice
    • Appeal and review