New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Execution

Legal area

Court

5 Nov 2013

ROOKE v CHANG-HOOKER [2013] NZHC 2907

Citation

[2013] NZHC 2907
Court

High Court

Although the creditor was prima facie entitled to commence adjudication, the court found an incongruity in pursuing adjudication while simultaneously executing on readily realisable assets, and the creditor appeared to have pursued adjudication against a debtor he likely believed to be solvent; on that basis the court exercised its discretion to refuse an award of costs and ordered that costs lie where they fall.
7 Aug 2008

PETRICEVIC V BRIDGECORP MANAGEMENT SERVICES LIMITED (IN RECEIVERSHIP) HC CIV 2008-404-003380

Citation

openlaw-e58e90d1_c61c_464c_9d56_576b8bce1d43.pdf
Court

High Court

The Court found the statutory jurisdictional requirements were satisfied: the judgment debt ($666,186.94) is unpaid, an act of bankruptcy was proved within three months, and the debt is certain and payable; the debtor failed to show a breach of s31 in respect of the Porsche or any other circumstance making it just and equitable or otherwise appropriate to refuse adjudication under s37 or to halt proceedings under ss38/39/42 (particularly given the Court of Appeal declined a stay), and therefore the Court exercised its discretion to adjudicate the debtor bankrupt.