17 Jul 2019
SELLMAN v SLATER [2019] NZHC 1666
- Citation
- [2019] NZHC 1666
- Court
- High Court
The court exercised its discretion under s 76(2) Insolvency Act 2006 to allow the proceeding to continue against the bankrupt and held that continuation necessarily includes an order that the bankrupt must comply with existing court orders (discovery and oral examination). Bankruptcy does not absolve the bankrupt of compliance where the court permits continuation; if the Official Assignee can discharge obligations the Assignee should do so, otherwise the bankrupt must comply personally. Further argument on the abstract legal effect of bankruptcy was unnecessary to resolve the application and…