New Zealand Case Law: Decisions & Judgments

Topic

Assignee powers

Legal area

Court

29 Jul 2015

HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2015] NZHC 1761

Citation

[2015] NZHC 1761
Court

High Court

The Assignee lawfully exercised powers under ss165 and 171 to obtain the challenged examinations and documents. The scope of s165/s171 includes contextual corporate and electronic records relating to the bankrupt's property, conduct or dealings; s171 may be directed to companies; failure to tender witness expenses does not invalidate examination records; delegation of questioning during private examinations is permissible. Consequently the applications to strike out evidence obtained by s165 summonses and s171 notices were dismissed.
12 May 2014

WALKER & ORS v OFFICIAL ASSIGNEE [2014] NZHC 975

Citation

[2014] NZHC 975
Court

High Court

The term "evidence" in reg 12(1)(c) requires cogent information sufficient to trigger the Assignee's statutory duty to examine a claim; a statement of claim can satisfy that threshold where it cogently presents the basis of the debt, and the statutory scheme contemplates the Assignee may require further evidence rather than a presumption of invalidity.
18 Mar 2014

HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2014] NZHC 498

Citation

[2014] NZHC 498
Court

High Court

The court, giving due regard to the Assignee's statutory role and the reasonableness standard, accepted that "as soon as practicable" permits consideration of practical readiness for an effective examination (including outstanding document production and preparation of the s296 report) and accordingly, by consent, allocated a realistic examination date (9 June 2014) while preserving the court's power to adjourn; costs to lie where they fall (no order).
22 Nov 2010

PALMER AND MENZIES V THE OFFICIAL ASSIGNEE HC AK CIV-2005-404-3288

Citation

openlaw-87cb976a_2d84_4cd3_981e_71309f44215b.pdf
Court

High Court

The Assignee has statutory power to issue a s58 notice after the bankrupt's discharge because s42 is not exhaustive of property available to creditors and ss54-58 together with Property Law Act s60 create recoverable categories separate from s42 property; the Assignee's powers continue until released and are subject to ordinary limitation rules measured from adjudication, so a post-discharge s58 notice issued within the limitation period is valid. The PRA does not prevent High Court determination of relationship-property issues arising in s58 proceedings.

New Zealand Case Law

HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2015] NZHC 1761

WALKER & ORS v OFFICIAL ASSIGNEE [2014] NZHC 975

HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2014] NZHC 498

PALMER AND MENZIES V THE OFFICIAL ASSIGNEE HC AK CIV-2005-404-3288