29 Jul 2015
HAVENLEIGH GLOBAL SERVICES LIMITED v HENDERSON [2015] NZHC 1762
- Citation
- [2015] NZHC 1762
- Court
- High Court
The public examination under ss295–298 is an inquisitorial court‑led investigatory process, not an adversarial civil proceeding; therefore the bankrupt is not entitled as of right to pre‑examination discovery or to compel third‑party MBIE witnesses for cross‑examination. Interlocutory requests for broad disclosure or witness compulsion are inappropriate pre‑examination and are to be considered, if necessary, after the bankrupt's public examination so that any further orders can be narrowly tailored to issues the Court identifies as requiring additional material or witnesses to fairly conclude…