17 Oct 2018
PERROTT-HUNT v JOHNSTON (No.3) [2018] NZHC 2678
- Citation
- [2018] NZHC 2678
- Court
- High Court
A bankrupt's discharge under s304 extinguished potential liability for equitable contribution because contingent contribution liabilities were provable in the bankruptcy; accordingly Corban Revell cannot pursue contribution against Maurice Hunt after his discharge unless they properly plead and can prove actual fraud or fraudulent breach of trust falling within s304(2)(a); 'fraud' in s304 requires actual dishonesty and must be pleaded with particularity.