4 May 2016
Because the co‑owners (Childs and Gillett) made no claim and Ms Brown's equitable claim based on her $225,000 cash contribution was compelling, the Court ordered the net proceeds (after secured creditor repayment and the IRD demand) be paid to Ms Brown's solicitors and allowed the Bank's interpleader/discharge.
28 Aug 2014
Because King failed to comply with the bankruptcy notice and has not established a cross claim equal to or greater than the judgment debt, and the evidence (mortgagee sale application of proceeds and account records) shows no cash credit available to set off the debt, the Court must and does adjudicate him bankrupt under the Insolvency Act 2006.
8 May 2013
BNZ was granted leave to withdraw the adjudication application and, applying the ordinary rule on discontinuance, the Court ordered BNZ to pay costs to Mr Crisford on a scale 2B basis with disbursements fixed by the Registrar because there was no reason to depart from the usual approach.
20 Aug 2010
Bank was entitled as secured creditor to apply sale proceeds in the manner it chose; clause 11.2 of the guarantee preserved the bank's right to deal with securities and therefore the defendant remained liable under his guarantees for the outstanding balance of $345,934.54; interest recoverable at the contract default rate of 15.7% from 30 October 2009 and costs recoverable on a solicitor/client basis.