New Zealand Case Law: Decisions & Judgments

Topic

No-asset procedure

Legal area

Court

15 Oct 2018

COMMISSIONER OF INLAND REVENUE v YORKE [2018] NZHC 2668

Citation

[2018] NZHC 2668
Court

High Court

The Court adjudicated bankruptcy because (1) substituted service of the bankruptcy notice and application was properly effected, (2) identity of the respondent as the debtor was established by the student loan contract (matching name, date of birth and signature) and supporting evidence, (3) the respondent is insolvent with no viable alternatives to satisfy the judgment debt, and (4) the statutory exceptions to discharge under s 304 did not apply to the Commissioner's claims.
22 Jun 2015

CARTER HOLT HARVEY LIMITED v BRIAN SCHLEGEL [2015] NZHC 1414

Citation

[2015] NZHC 1414
Court

High Court

The creditor established the s13 requirements (debt, act of bankruptcy, timing); alternatives to bankruptcy were not available or viable; the interests of the creditor and the public (accountability for guarantees, protection of commercial community and risk from allowing an insolvent person to present as unbankrupt for financial services registration) outweigh the debtor's personal hardships; accordingly it was proper to exercise the discretion under ss36-37 to adjudicate the debtor bankrupt.
25 May 2009

GIFKINS HC AK CIV 2009-404-281

Citation

openlaw-439dfda9_8b8b_4cc4_9ac7_5dfa8561f271.pdf
Court

High Court

Because the appellant failed to disclose an Inland Revenue tax debt in excess of $45,000, her total debts exceeded the statutory $40,000 ceiling and she was therefore wrongly admitted to the no-asset procedure; the Assignee was entitled and obliged to terminate her participation under s 373(1)(a), so the appeal is dismissed.

New Zealand Case Law

COMMISSIONER OF INLAND REVENUE v YORKE [2018] NZHC 2668

CARTER HOLT HARVEY LIMITED v BRIAN SCHLEGEL [2015] NZHC 1414

GIFKINS HC AK CIV 2009-404-281