New Zealand Case Law: Decisions & Judgments

Topic

Creditor claims

Legal area

Court

27 Apr 2023

HERDBULDER EXPORT SERVICES LIMITED v ASUREQUALITY LIMITED [2023] NZHC 851

Citation

[2023] NZHC 851
Court

High Court

The Court set aside the statutory demand under s 290(4)(a) because, on the material before it, HerdBuilder had narrowly established an arguable substantial dispute as to the identity of the debtor: AsureQuality's conduct (invoicing, processing export documentation and other course of dealings) raised a real issue of implied novation/acceptance that required discovery and trial to resolve; the contractual dispute resolution clause was not engaged and did not independently justify setting aside the demand under s 290(4)(c).
22 Nov 2022

ZHANG v OFFICIAL ASSIGNEE & Anor [2022] NZHC 3052

Citation

[2022] NZHC 3052
Court

High Court

Applicant failed to demonstrate good cause for early discharge because she deliberately delayed filing her statement of affairs despite being aware of the obligation, impeded administration, failed to advertise the application thereby prejudicing creditor participation, and there remained public interest and conduct grounds to refuse immediate discharge; application dismissed and reapplication barred for one year.
21 Oct 2021

JDN LIMITED v ABDUL_x001e_JABBAR [2021] NZHC 2835

Citation

[2021] NZHC 2835
Court

High Court

Annulment cannot be granted because the Official Assignee has accepted claims by the Commissioner of Inland Revenue; those accepted claims mean it cannot be said that all creditors have been paid or settled and therefore the application for annulment is adjourned pending resolution or payment of those claims.
29 Oct 2018

HARNISH v WHITTFIELD [2018] NZHC 2791

Citation

[2018] NZHC 2791
Court

High Court

Application dismissed: applicant failed to establish 'good reason' under s256 for inspection; requests amounted to suspicion/fishing expedition; disclosure risked prejudice to the liquidation by undermining the liquidator's control over assessment of overlapping and potentially sensitive claims; re-advertisement did not evidence misconduct and liquidator entitled to manage the claims process.
23 Jun 2015

QUEENSLAND MAINTENANCE SERVICES (NZ) LIMITED v QUEENSLAND MAINTENANCE SERVICES PTY LIMITED [2015] NZHC 1419

Citation

[2015] NZHC 1419
Court

High Court

The balance of prejudice and considerations of creditor protection, evidence of asset transfers and uncertainty about the whereabouts of asset value meant the applicant failed to show that a stay or restraint was justified; the risk to creditors and the existence of alternative remedies (filing a statement of defence, potential post-liquidation appeal continuation) outweighed the applicant's prejudice, so applications were refused.
30 Oct 2014

Re Wikeley, ex p Jacomb [2014] NZHC 2677

Citation

[2014] NZHC 2677
Court

High Court

Regulation 12 requires substantive compliance with prescribed evidential requirements for a claim to be admitted for voting; the provisional trustee erred in admitting the claims of Gemma Wikeley and Jonathon Collins which lacked the required supporting evidence and description of how and when the debts arose, and those admissions are set aside and the claims rejected so their votes do not count.
6 May 2010

ACCIDENT COMPENSATION CORPORATION V CHESTERTON HOLDINGS LIMITED HC NAP CIV-2010-441-112

Citation

openlaw-bc015f78_338f_46bc_bc18_b302f43cf65a.pdf
Court

High Court

The company was insolvent demonstrated by the unpaid statutory demand and substantial creditor claims; further delay would prejudice creditors so the Court must place the company into liquidation and appoint liquidators to investigate and manage the affairs.
14 Jul 2008

CGS NISBET (A BANKRUPT) V WILSON & CO (SUING AS A FIRM) HC WN CIV 2008-485-202

Citation

openlaw-9694b6f2_619c_42d6_9944_b3c6a7272dcc.pdf
Court

High Court

The annulment application under s.309(1)(b) was dismissed because the applicant failed to satisfy the Court that all of his debts and the Official Assignee's fees and costs had been fully paid or satisfied; specifically, outstanding BNZ credit card debts identified in the Baycorp report remained unpaid and the applicant did not provide sufficient evidence to discharge those or other potential creditor claims, therefore the statutory condition for annulment was not met; consequent applications under s.66, stay and suppression also failed.
18 Mar 2008

LEVIN & ANOR V MCDONNELL AND ANOR HC AK CIV 2007-404-005708

Citation

openlaw-3901a235_722f_4a02_a7fd_8b5b55c56466.pdf
Court

High Court

The Court entered summary judgment for the undisputed portion of the debt ($1,100,700) because the partnership liability was not disputed and the defendants failed to provide sufficient evidential foundation for their alleged defences; tax/GST adjustment and the $10,000 reconciliation require fuller procedures (eg s284 or trial) and cannot defeat summary judgment, but execution was stayed to allow defendants to seek those remedies or agree indemnity for liquidators to pursue tax reassessment.
11 Mar 2008

FOUNDATION SECURITIES (NZ) LIMITED V ROBYN MARIE CASE HC AK CIV 2007-404-6964

Citation

openlaw-7a5801ee_21b0_4e44_808a_d9acea1a8c07.pdf
Court

High Court

The bankruptcy notice was properly served and the debtor failed to pay the judgment debt, establishing an act of bankruptcy permitting adjudication proceedings to continue; however, because significant additional creditor claims (notably Inland Revenue) were raised and the debtor had not had adequate opportunity to address those claims or prove solvency, the Court granted a single adjournment with strict timetable directions to enable the debtor to file evidence of solvency and respond to creditor claims; costs reserved.