New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave to file notice of opposition

  • 15 Jun 2010

    COMMISSIONER OF INLAND REVENUE V MCGLYNN HC AK CIV-2010-404-0069

    Citation
    openlaw-a3c8e7c4_1966_45dd_9918_e2ee5aad7d20.pdf
    Court
    High Court

    Leave to file the notice of opposition was declined because the debtor failed to file timely opposition and did not demonstrate any properly arguable defence to the adjudication in circumstances where insolvency was established.

    • Adjudication order
    • Leave to file notice of opposition
    • Opposition to adjudication
    • Settlement negotiations
    • Public interest in insolvency

  • 1 Apr 2010

    BARFOOT & THOMPSON LIMITED V DORBU HC CIV 2009-404-007639

    Citation
    openlaw-a6565322_24b4_483b_9a78_0b6bad8c4b7b.pdf
    Court
    High Court

    The application to recall interlocutory orders was dismissed because the debtor failed to establish the very special circumstances required for recall: insufficient evidence of hardship, the email explanation lacked credibility given documentary evidence of the hearing date, the charging order offer was speculative and valueless on the evidence, and the debtor had not complied with adjournment conditions; accordingly time for compliance was extended to 30 April 2010 and the matter adjourned to 4 May 2010 to allow conditional further steps.

    • Bankruptcy adjudication
    • Recall of orders
    • Extension of time
    • Leave to file notice of opposition
    • Setting aside judgment
    • Charging order