23 Apr 2012
MASON V PROBST HC WHA CIV 2011-488-605
- Citation
- openlaw-dd587dac_ab69_4c85_a2a6_95982695a304.pdf
- Court
- High Court
openlaw-dd587dac_ab69_4c85_a2a6_95982695a304.pdf
New Zealand Case Law
Available act of bankruptcy
12 May 2011
BANK OF NEW ZEALAND V MCCALL HC AK CIV 2010-404-006255
- Citation
- openlaw-67379eff_4146_4d56_9e6f_38d1e49c7964.pdf
- Court
- High Court
The court declined to adjourn or stay BNZ's adjudication application and adjudicated Mr McCall bankrupt because he had committed an available act of bankruptcy, his proposal was not credible or adequately particularised, gave rise to an inference of contrivance or continued incurring of liabilities, and allowing the proposal would prejudice the creditor and be contrary to the public interest; matters should be investigated by the Official Assignee.
6 May 2009
BRENT DOMINIC HARKIN V THE WELLINGTON COMPANY LIMITED HC AK CIV 2008-488-706
- Citation
- openlaw-97a470da_8a92_4be7_99ae_2e302c6b2b38.pdf
- Court
- High Court
Debtor had committed an available act of bankruptcy by failing to pay the judgment debt; there was no reliable evidence he could repay within a reasonable time and his conduct (knowing of misappropriation yet consenting to further drawdown and personally guaranteeing advances) did not justify the exercise of the residual discretion to refuse adjudication; accordingly the application to stay or refuse adjudication was dismissed and adjudication proceedings were ordered to proceed.
22 Dec 2008
EW GARTRELL V PETONE UNITED FRIENDLY SOCIETIES DISPENSARY BOARD HC WN CIV 2008-485-1498
- Citation
- openlaw-eea3c3d3_09ea_45d8_8b21_0bde2c81217f.pdf
- Court
- High Court
The statutory criteria for adjudication were satisfied (s13 and s17); the debtor's scant and unreliable affidavit showed liabilities exceeded assets and no evidence established ability to pay within a reasonable time, so the Court declined to exercise its discretion under ss36/37 and made an order adjudicating the debtor bankrupt.
1 Sept 2008
FOUNDATION SECURITIES (NZ) LIMITED V ROBYN MARIE CASE HC AK CIV 2007-404-006964
- Citation
- openlaw-cfed9481_9d3d_415d_aedd_33446de86d6c.pdf
- Court
- High Court
The debtor failed to comply with a properly served bankruptcy notice and did not demonstrate capacity to pay debts as they fell due; the petitioning creditor proved its debt and that its security did not exceed the debt by more than $200 when accounting for the Inland Revenue priority and s50; accordingly adjudication of bankruptcy was ordered.