26 Jul 2022
PREMIER LEGAL FINANCE LIMITED PARTNERSHIP v MORRISON KENT [2022] NZHC 1798
- Citation
- [2022] NZHC 1798
- Court
- High Court
It was reasonably arguable that Premier, as secured creditor under the GSA and having paid the outstanding debt, retained enforceable rights to pursue the debtor's cause of action (option to realise security under Insolvency Act s243), that the cause of action did not necessarily vest in the Official Assignee, that the arrangements were not on their face an abuse of process or a prohibited assignment of a bare cause of action given Premier's commercial interest, and that under the GSA Premier could reasonably be said to bring proceedings in its own name; therefore the defendant's strike out/s…