New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Instalment order

Legal area

Court

27 Feb 2023

ROBERTSON BIXLEY LTD v JOLLY [2022] NZHC 286

Citation

[2022] NZHC 286
Court

High Court

Dismissal of the application because the alleged counterclaim had already been raised and rejected in the District Court and therefore did not constitute a genuine triable cross-claim; the bankruptcy notice was properly formed with a certified sealed order attached; the Deputy Registrar's instalment order did not create an implied stay because the creditor had not been given the opportunity to be heard and the debtor did not comply strictly with its terms.
26 Jul 2011

JAMES v FALLOON HC WN CIV-2011-485-961

Citation

openlaw-02bb8710_1307_4b8d_980c_15752e40699c.pdf
Court

High Court

The prospect of a further examination alone does not create an implied stay of execution or preclude issuing a bankruptcy notice; an implied stay arises where an instalment order exists and payments are being made or where the creditor has effectively agreed to accept instalments. Here the creditor rejected the Registrar's instalment order and committed not to seek instalments, so the bankruptcy notice was not an abuse of process and should not be set aside.