1 Nov 2017
MITCHELL v OFFICIAL ASSIGNEE [2017] NZHC 2686
- Citation
- [2017] NZHC 2686
- Court
- High Court
The adjudication was annulled because the creditor's pleaded case failed to establish that an act of bankruptcy had occurred at the time the application was filed (contravening s16), constituting a defect in form or procedure under s309(1)(a); the defect rendered the adjudication unsafe and capable of remedy by fresh application and rehearing under s309(4) and s418(2).