New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Genuinely triable test

Legal area

Court

5 Dec 2016

MALLEY & CO v BURGESS [2016] NZHC 2920

Citation

[2016] NZHC 2920
Court

High Court

The application to set aside the bankruptcy notice was dismissed because the debtor failed to demonstrate a cross claim that is equal to or greater than the judgment debt and genuinely triable under s17(7) of the Insolvency Act 2006; the prior adverse findings and appellate observations show the counterclaim lacks substance and cannot defeat the bankruptcy notice.
15 Apr 2015

RAJAN v RANI [2015] NZHC 715

Citation

[2015] NZHC 715
Court

High Court

The application to set aside the bankruptcy notice was dismissed because the debtor failed to establish a cross-claim against the Rajans equal to or greater than the judgment debt that is genuinely triable; the debtor's evidence is inconsistent with contemporaneous solicitor documents and relies on unsworn or weak 'will say' statements, so the claim lacks sufficient strength to defeat the bankruptcy notice.