New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Leave to oppose out of time

  • 22 Feb 2019

    STUFF LTD v ARNOLD [2019] NZHC 240 .

    Citation
    [2019] NZHC 240
    Court
    High Court

    Leave to file an opposition out of time was refused because the debtor had no reasonable prospect of successfully opposing adjudication: she had sworn she could meet any costs award, provided no full and credible explanation for the apparent change in ability to pay, offered no viable creditors' proposal, and the inability to continue as a director is a standard consequence of bankruptcy which does not make adjudication unjust or inequitable; accordingly the creditor's adjudication application succeeded.

    • Adjudication of bankrupt
    • Leave to oppose out of time
    • S 37 discretion
    • Security for costs
    • Creditors' proposal
    • Costs awards

  • 2 Jul 2009

    ANZ NATIONAL BANK LTD V MORGENSTERN HC AK CIV-2009-404-000807

    Citation
    openlaw-153063ff_ba6f_4e27_ae4e_1eb573f45eb1.pdf
    Court
    High Court

    Leave to oppose out of time was refused because the defendant failed to establish a substantial and credible defence; the 13 March 1998 all obligations continuing guarantee, together with subsequent re-documentation and the defendant's own acknowledgements and solicitor's certificate, established the plaintiff's entitlement to summary judgment; the equitable estoppel defence relied on oral assurances unsupported by independent evidence and inconsistent with documentary record and conduct, and therefore was not tenable.

    • Guarantee
    • Continuing guarantee
    • Summary judgment
    • Equitable estoppel
    • Leave to oppose out of time
    • Re-documentation of security