1 Nov 2010
OFFICIAL ASSIGNEE OF NEW ZEALAND V BHANABHAI AND ANOR HC AK CIV-2009-404-001890
- Citation
- openlaw-b2671b39_de4a_4299_b3bd_687408912cc0.pdf
- Court
- High Court
Cooper J's express order under s29(3) declaring the property available to satisfy the pecuniary penalty, as recorded in the sealed order and affirmed by the Court of Appeal, gave the pecuniary penalty priority over the defendants' equitable interest and thereby extinguished that interest for the purposes of distribution of the sale proceeds; no surplus exists to satisfy the defendants' claim, so the application for payment to counsel is dismissed.