19 Dec 2016
PARKER [2016] NZHC 3124
- Citation
- [2016] NZHC 3124
- Court
- High Court
The Court held that the Official Assignee's disclaimer relieved the bankrupt of liabilities under the mortgage, causing the applicant measurable loss by leaving him solely responsible for mortgage payments and outgoings; given that loss, the applicant's ongoing commitment to service the secured debt, the mortgagee's consent and the Crown's non‑objection, it was fair under s119(3) to vest the bankrupt's interest in the applicant, and the Court ordered vesting accordingly.