New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Caveat removal (s143 land transfer act)
  • 31 May 2012

    WESTPAC NEW ZEALAND LIMITED V SET KIEN LAW HC AK CIV-2012-404-665

    Citation
    openlaw-ec5f94cf_ce03_4b93_a7f6_52668cdb0188.pdf
    Court
    High Court

    The bankruptcy notices were not set aside because the debtor failed to show a seriously arguable counterclaim or evidential basis to invalidate the notices; however service abroad had been defective because leave under s17(3) Insolvency Act was not obtained, so the defect was corrected by granting leave to serve out of New Zealand, directing personal service at the Malaysian address provided, renewing the notices and fixing 25 working days to comply; sealed costs orders remain final and are not revisited in this proceeding.

    • Bankruptcy notice
    • Service abroad
    • Substituted service
    • Leave under s17(3) insolvency act 2006
    • Caveat removal (s143 land transfer act)
    • Costs orders