New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Bankruptcy disclaimer

Legal area

Court

11 Dec 2014

Re Hose [2014] NZHC 3160

Citation

[2014] NZHC 3160
Court

High Court

Because the Official Assignee disclaimed the bankrupt's interest causing the property to vest in the Crown, and because the Crown expressly disclaimed any claim and did not object to vesting while the bankrupt consented, the court granted leave under Part 19 and made a vesting order under s 119 vesting the former interest of Carl John Henderson in Sapphire Kimberley Hose.
28 Aug 2013

Re WARREN and TUCK [2013] NZHC 2199

Citation

[2013] NZHC 2199
Court

High Court

Having tested the market and obtained a recent registered valuation demonstrating very limited demand, and with the mortgagor bankrupt and the Official Assignee having disclaimed, the court concluded the valuer's price of $160,000 exclusive of GST represented the best price reasonably obtainable and therefore granted permission under s200(3)(d) for the mortgagees to purchase the property, permitting procedure by originating application and to proceed without notice.