New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Certificates of judgment

Legal area

Court

16 May 2012

SHARMA V WATI COA CA33/2012

Citation

openlaw-f85b6589_294e_4eb4_8e6e_8de820090c7a.pdf
Court

Court of Appeal

Hansen J properly reviewed the Associate Judge's decision because it was dealt with in chambers under the High Court Rules and the Judicature Act; defects in the bankruptcy notices were cured by s418 of the Insolvency Act absent prejudice; the substantive grounds to set aside the bankruptcy notices lacked merit; the delay, applicant conduct and prejudice to respondent precluded any extension of time to appeal; accordingly special leave to appeal was refused and costs awarded to respondent.
9 Mar 2011

NIRMALI WATI V DEO DATT SHARMA HC AK CIV-2008-404-006367

Citation

openlaw-d2fd0faa_2135_46c2_9d1d_0515dfe31c08.pdf
Court

High Court

Because the High Court appellate orders left the parties as co-owners with the proceeds of any future sale to be divided by court direction, no present or sufficiently certain debt existed in favour of the debtor that could operate as a cross-claim or set-off under s17; the debtor's payment into Court which he would not permit the creditor to obtain did not constitute adequate security; the certified judgments supporting the bankruptcy notices were valid; therefore the applications to set aside the bankruptcy notices were dismissed.