5 May 2017
RE HANARA EX PARTE THE OFFICIAL ASSIGNEE [2017] NZHC 902
- Citation
- [2017] NZHC 902
- Court
- High Court
The Official Assignee had standing under s 119 to apply in a representative capacity for the creditors of both bankrupt estates; the Assignee of Mrs Hanara had not suffered loss from the disclaimer because there was no equity at the time of disclaimer, but the Assignee representing Mr Hanara's creditors had suffered loss because the disclaimer rendered his half-share effectively unsaleable and risked a mortgagee sale producing no dividend; it was fair under s 119(3) to vest the disclaimed one half interest of Jessica Hanara in the Official Assignee as Assignee of Dimitrious Hanara to enable a…