New Zealand Case Law: Decisions & Judgments

Topic

Official assignee determinations

Legal area

Court

25 Aug 2023

MEMELINK v THE OFFICIAL ASSIGNEE [2023] NZHC 2342

Citation

[2023] NZHC 2342
Court

High Court

The claim was properly admitted because contemporaneous evidence (signed acknowledgement of debt by trustees and financial statements recording the $70,000 loan plus interest) established the debt; documents indicating temporary non-pursuit were insufficient to prove forgiveness; the Official Assignee's process and decision were reasonable and the applicant failed to discharge the burden of proof to show improper admission.
12 May 2022

MEMELINK v THE OFFICIAL ASSIGNEE [2022] NZHC 953

Citation

[2022] NZHC 953
Court

High Court

The parties' agreement was that trustees would not pay for claimant's labour but would reimburse provable out-of-pocket expenses; the Official Assignee applied an appropriate and reasonable evidential standard and was justified in admitting $24,999.92 for specific invoices while rejecting the remainder; the Court confirms the Official Assignee's determination under s238/s239.
5 Oct 2021

MEMELINK v THE OFFICIAL ASSIGNEE [2021] NZHC 2641

Citation

[2021] NZHC 2641
Court

High Court

The successful creditors (Gambitsis Crombie and Body Corporate) are entitled to costs assessed on the 2B scale; the proceeding should be treated for costs as akin to an originating application for the purposes of assessment; no exceptional circumstances warranted departure from the scale; Gambitsis Crombie awarded costs capped at $11,950 (GST exclusive) or its solicitor and client costs if lesser; Body Corporate awarded costs capped at $19,120 (GST exclusive) or its solicitor and client costs if lesser; disbursements to be allowed by the Registrar.

New Zealand Case Law

MEMELINK v THE OFFICIAL ASSIGNEE [2023] NZHC 2342

MEMELINK v THE OFFICIAL ASSIGNEE [2022] NZHC 953

MEMELINK v THE OFFICIAL ASSIGNEE [2021] NZHC 2641