11 Aug 2015
SULLIVANS INTERNATIONAL (NZ) LIMITED v MARK ESDOT [2015] NZHC 1898
- Citation
- [2015] NZHC 1898
- Court
- High Court
The bankruptcy notice was not set aside because the creditor held a final unsatisfied District Court judgment with execution not stayed, the debtor failed to comply or to show a cross-claim that was equal to or greater than the judgment and that could not have been used as a defence in the original proceedings, and the alleged grounds (return of goods, storage costs, defamation) were not reasonably arguable or were available to be raised in the District Court.