11 May 2023
FUATI v JIN [2023] NZCA 165
- Citation
- [2023] NZCA 165
- Court
- Court of Appeal
Restraining orders under the CPRA do not, as a matter of construction and sensible interaction between statutes, operate as an implied stay of execution for the purposes of s17 of the Insolvency Act 2006; a debtor must seek variation under the CPRA where necessary. The appellant failed to show he had no other assets and failed to establish a genuine triable cross-claim, so adjudication as bankrupt was properly made and confirmed on appeal.
- Implied stay of execution
- Restraining orders
- Act of bankruptcy
- Cross-claim triability
- Interaction of cpra and insolvency act