22 Jun 2015
CARTER HOLT HARVEY LIMITED v BRIAN SCHLEGEL [2015] NZHC 1414
- Citation
- [2015] NZHC 1414
- Court
- High Court
The creditor established the s13 requirements (debt, act of bankruptcy, timing); alternatives to bankruptcy were not available or viable; the interests of the creditor and the public (accountability for guarantees, protection of commercial community and risk from allowing an insolvent person to present as unbankrupt for financial services registration) outweigh the debtor's personal hardships; accordingly it was proper to exercise the discretion under ss36-37 to adjudicate the debtor bankrupt.