14 Jul 2015
THE OFFICIAL ASSIGNEE v WHEELER & ANOR [2015] NZHC 1644
- Citation
- [2015] NZHC 1644
- Court
- High Court
Summary judgment was appropriate for the undisputed portion of the debt. The Official Assignee proved the debt and demand; limitation did not bar the claim; while a potential equitable set-off limited to the Transcap assets ($1,485,317) could exist, it was insufficient to defeat judgment. Accordingly judgment was entered against the defendants in their capacity as trustees for the difference ($2,279,641 less $1,485,317 = $794,324) and enforcement of judgment and costs is limited to trust assets; the claim for $1,485,317 was adjourned for further pursuit by the Official Assignee.