21 Sept 2016
BODY CORPORATE 341188 v KELLY [2016] NZHC 2230
- Citation
- [2016] NZHC 2230
- Court
- High Court
The application to set aside the bankruptcy notice was dismissed because (1) no prejudice to the debtor arose from the inclusion of multiple judgments in the notice and the court exercised its s 418 discretion to uphold the notice; (2) the District Court judgment was final and properly reasoned and could not be re-opened by inherent jurisdiction or re-hearing in these circumstances; and (3) the asserted cross-claim was not a current, genuine or triable cause of action (defects include absence of present cause of action, trust/liquidation/standing issues, exaggerated quantum and causation weak…