21 Mar 2014
WAIPEREIRA INVESTMENTS LIMITED v IVIL [2014] NZHC 546
- Citation
- [2014] NZHC 546
- Court
- High Court
Typographical defects in the bankruptcy notice and application were immaterial and did not defeat compliance with the prescribed forms; the supporting affidavit complied with rules; the appeal lacked a demonstrated high prospect of success and the debtor provided no basis to show he could pay if appeal failed; balancing prejudice, prospects, ability to pay, bona fides and public interest, the Court refused to exercise its s 42 discretion to halt or refuse adjudication and ordered the debtor adjudicated bankrupt.