New Zealand Case Law: Decisions & Judgments

Topic

Official assignee powers

Legal area

Court

16 Nov 2023

WILLIAMS v CRUDEN [2023] NZHC 3234

Citation

[2023] NZHC 3234
Court

High Court

The Court granted the Assignee's application because the bankrupt failed to cooperate, the Assignee obtained reliable income data from Inland Revenue, applied an accepted objective calculator to assess reasonable living allowances consistent with s147(3) and relevant authority, and the resulting orders (weekly contributions, arrears repayment and employer deduction) struck a reasonable balance between creditor recovery and the bankrupt's maintenance needs.
8 Nov 2021

COMMISSIONER, NEW ZEALAND POLICE v CRAIG WAYNE MATTHEWS [2021] NZHC 3008

Citation

[2021] NZHC 3008
Court

High Court

The material filed provided an evidential basis to infer the respondent benefited from significant criminal activity and had effective control over the two Harley Davidson motorcycles; accordingly, without‑notice restraining orders, effective control orders and orders for recovery, entry, custody and preservation under the relevant provisions of the Criminal Proceeds (Recovery) Act 2009 were justified and granted.
22 Apr 2020

COMMISSIONER OF NEW ZEALAND POLICE v ROWLAND [2020] NZHC 791

Citation

[2020] NZHC 791
Court

High Court

Because the first respondent had already consented to the profit forfeiture and realisation and the order sought was merely ancillary and mechanical to enable the Official Assignee to give effect to the December 2019 order, the court granted the supplementary power despite the application not being personally served.
20 Dec 2019

ZHANG v WESTPAC NEW ZEALAND LIMITED [2019] NZCA 682

Citation

[2019] NZCA 682
Court

Court of Appeal

The stay was declined because the applicant's appeal rights were not rendered nugatory by refusing a stay, the Official Assignee and other creditors would be prejudiced by delaying administration, the applicant provided no cogent evidence of ability to recover sums abroad or of financial capacity or security, the appeal raised no novel issues, and the overall balance of convenience favoured letting bankruptcy proceed.
28 Feb 2019

NORTH SHORE LASER AND SKIN CENTRE LIMITED v MENZIES [2019] NZHC 315

Citation

[2019] NZHC 315
Court

High Court

Under s352(2) of the Insolvency Act 2006 a summary instalment order operates to bar creditors from continuing proceedings in any court in respect of debts included in the order unless the Official Assignee gives permission; the High Court no longer has a residual discretion to adjudicate a bankruptcy application where a summary instalment order has been made; accordingly the creditor's application for adjudication is dismissed.
12 Feb 2018

THE COMMISSIONER, THE NEW ZEALAND POLICE v BLANCE [2018] NZHC 108

Citation

[2018] NZHC 108
Court

High Court

On the evidence adduced (surveillance, intercepted communications and patterns of possession), the Court is satisfied on the balance of probabilities that there are reasonable grounds to believe the 2003 Ford Falcon was in Walker's control and tainted, and that the 1984 Pontiac Firebird and 1967 Chevrolet Impala were in Blance's control; accordingly restraining orders are justified for all three vehicles. Applying s35(e)(v), sale is ordered only for the Pontiac because that aligns with the owner's wish to sell and avoids holding costs that risk eroding recovery; sale of the Falcon and Impala…
28 Mar 2017

COMMISSIONER OF POLICE v UELE [2017] NZHC 574

Citation

[2017] NZHC 574
Court

High Court

The Court approved the settlement under s 95 because on a broad assessment the proposed terms (forfeiture of about 80% of restrained assets and return of $150,000 less legal aid debt) were consistent with the Act's purposes and the overall interests of justice when weighed against the strength of the Commissioner's case, litigation risk (including potential relief to the second respondent), family hardship and the saving of time and resources.
19 Feb 2015

GOODWIN v COPLAND [2015] NZHC 213

Citation

[2015] NZHC 213
Court

High Court

An assignment of a right to sue vested in the Official Assignee will only be effective to vest the right in the bankrupt if either (a) the Assignee makes an application and the court grants approval under s221 of the Insolvency Act 2006, or (b) the Assignee disclaims the claim and the bankrupt obtains a court order under s119(3) vesting the disclaimed claim in the bankrupt; absent those statutory routes s102 causes immediate vesting in the Assignee and an attempted assignment to the bankrupt would be ineffective.
26 Nov 2014

COMMISSIONER OF POLICE v CAVANAGH [2014] NZHC 2978

Citation

[2014] NZHC 2978
Court

High Court

The Court granted sale orders for the listed motor vehicles, motorbikes and the motor vessel under s35(e)(v) to preserve the value of restrained depreciating assets, refused to adjourn consideration of the Harley motorbike claim due to absence of counsel and lack of evidence, and directed the Official Assignee to hold and may invest the proceeds pending resolution of entitlement at forfeiture proceedings.
2 Oct 2014

RABSON v REGISTRAR OF THE SUPREME COURT [2014] NZCA 481

Citation

[2014] NZCA 481
Court

Court of Appeal

The judge granted the r7(2) review, set aside the Deputy Registrar's refusal to accept filing, accepted the applicant's notice of appeal for filing as at 27 August 2014, and granted an extension of time for payment of security for costs, while reserving the substantive question whether an undischarged bankrupt may pursue the appeal despite vesting and any assignee waiver for determination at a substantive hearing by a full bench.