New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Eligibility criteria s 363(1)
  • 25 May 2009

    GIFKINS HC AK CIV 2009-404-281

    Citation
    openlaw-439dfda9_8b8b_4cc4_9ac7_5dfa8561f271.pdf
    Court
    High Court

    Because the appellant failed to disclose an Inland Revenue tax debt in excess of $45,000, her total debts exceeded the statutory $40,000 ceiling and she was therefore wrongly admitted to the no-asset procedure; the Assignee was entitled and obliged to terminate her participation under s 373(1)(a), so the appeal is dismissed.

    • No-asset procedure
    • Termination under s 373(1)(a)
    • Eligibility criteria s 363(1)
    • Appeal de novo under s 226
    • Disclosure of debts and assets
    • Natural justice/alleged procedural unfairness