New Zealand Case Law: Decisions & Judgments

Topic

Assignee remuneration

Legal area

Court

16 Jun 2016

PATERSON v LEPIONKA & COMPANY INVESTMENTS LTD [2016] NZHC 1331

Citation

[2016] NZHC 1331
Court

High Court

Applicant failed to establish s 309(1)(a): the bank cheque had not been received or constituted payment as at the adjudication date, the creditor's counsel's r 24.20 certificate was properly given after due enquiries and there was no defect in form, procedure or abuse of process; even if jurisdiction existed the discretion to annul would not have been exercised given substantial indebtedness, existing summary judgment and Assignee concerns.
21 Jul 2011

SCOTT ALEXANDER HENDERSON V THE COMMISSIONER OF INLAND REVENUE HC AK CIV-2011-404-4205

Citation

openlaw-ed3a9a97_228c_4e4b_81b7_d978e4e455b1.pdf
Court

High Court

The Court annulled the adjudication under s309(1)(b) because at the date of adjudication the applicant could not pay the debt, had not secured loan finance, and facts relied on for retroactive annulment were not known or established at that time (including voluntary non-attendance), therefore retrospective annulment under s309(1)(a) was inappropriate; annulment is granted subject to payment of debts in full and Official Assignee's costs.
1 May 2006

VEEN V THE OFFICIAL ASSIGNEE HC HAM CIV 2004-419-584

Citation

openlaw-689484c9_7f61_4749_bd5e_9f9d1fffe8ab.pdf
Court

High Court

The Court was satisfied the bankrupt's debts had been fully paid from her late father's estate and accordingly annulled the adjudication under s119(1)(b); the Official Assignee was entitled to indemnity costs given his statutory role and required appearance, and the Court awarded $350 in solicitor costs plus $100 advertising, finding the solicitor fee ($300 net) reasonable at an effective rate of $200 per hour for 1.5 hours; the annulment was not back-dated and was dealt with under s119(1)(b) rather than s119(1)(a).

New Zealand Case Law

PATERSON v LEPIONKA & COMPANY INVESTMENTS LTD [2016] NZHC 1331

SCOTT ALEXANDER HENDERSON V THE COMMISSIONER OF INLAND REVENUE HC AK CIV-2011-404-4205

VEEN V THE OFFICIAL ASSIGNEE HC HAM CIV 2004-419-584