New Zealand Case Law: Decisions & Judgments

Topic

Official assignee report

Legal area

Court

5 May 2023

RE SCOTT ex parte BANK OF NEW ZEALAND [2023] NZHC 1058

Citation

[2023] NZHC 1058
Court

High Court

Dismissal of the discharge application was warranted because the applicant failed to prove filing of a compliant statement of affairs, failed to cooperate with the Official Assignee or attend examination, had been absent overseas throughout the bankruptcy, and there was evidence (or credible inference) of undisclosed funds and incomplete disclosure about trusts; the public interest in maintaining integrity of the bankruptcy regime and holding bankrupts accountable outweighed the lack of practical benefit to creditors from continuing administration, so early discharge was refused.
17 Jun 2022

HUANG v QEYNOS NZ LTD [2022] NZHC 1426

Citation

[2022] NZHC 1426
Court

High Court

Early discharge granted because the Official Assignee reported administration complete and there was no purpose in continuation for the proved creditors; applicant demonstrated cooperation and rehabilitation efforts, offsetting concerns about past conduct, but risk to the commercial community justified conditional discharge with prohibitions on personal guarantees and business involvement until the date of automatic discharge (6 July 2023).
9 May 2022

FRASER v POINT LUMBER LIMITED [2022] NZHC 976

Citation

[2022] NZHC 976
Court

High Court

Annulment granted because the Official Assignee's report confirmed that sufficient funds had been received to pay all creditors and the Official Assignee's costs, satisfying s 309(1)(b) of the Insolvency Act 2006; annulment takes effect from date of the court order (9 May 2022).
29 Apr 2022

WESTPAC NEW ZEALAND LTD v CLARKE [2022] NZHC 892

Citation

[2022] NZHC 892
Court

High Court

The court exercised its discretion under s 294 to grant immediate discharge because the bankrupt had been adjudicated over eight years prior, the Official Assignee accepted the statement of affairs from 20 August 2021 and did not oppose discharge, the administration was effectively complete, the bankrupt had already been punished for his offending, no ongoing misconduct or risk warranting extension was identified, procedural defects in service/advertising did not prejudice creditors and examination under s 177 was dispensed with; discharge was granted subject to the condition that the bankrup…
15 Mar 2022

WALIA v OFFICIAL ASSIGNEE [2022] NZHC 485

Citation

[2022] NZHC 485
Court

High Court

Applying the broad discretionary test (ASB Bank v Hogg) and having regard to the assignee's report which recorded no objection and cooperation since filing the statement of affairs, the Court found the applicant established good cause and that immediate discharge would not prejudice creditors or public interest; therefore discharge granted immediately under s 298(1)(a) of the Insolvency Act 2006.
6 Aug 2020

TEPEA v LAM [2020] NZHC 1960

Citation

[2020] NZHC 1960
Court

High Court

Annulment granted because s 309(1)(b) was satisfied: all creditors had been paid in full, the Official Assignee's fees and costs were met, the Assignee reported no objection, and the judgment creditor's counsel confirmed payment and acceptance; therefore the bankruptcy was annulled.
8 Jun 2020

TAO v OFFICIAL ASSIGNEE & ORS [2020] NZHC 1260

Citation

[2020] NZHC 1260
Court

High Court

Applicant failed to discharge the onus of showing good cause for an early discharge; the Court concluded that the public interest and creditors' interests outweigh the applicant's caregiving needs due to real risk she would become further involved in unresolved litigation with the Body Corporate and because statutory and non‑judicial remedies remained available to address the parents' needs; accordingly application dismissed.
18 Dec 2013

HARRISON as a Company Director of HAWKEYE UAV LTD (now in liquidation) v MANAWATU-WANGANUI REGIONAL COUNCIL (trading as HORIZONS REGIONAL COUNCIL) [2013] NZHC 3473

Citation

[2013] NZHC 3473
Court

High Court

On the evidence (Official Assignee's report showing assets > liabilities, bank support, payment to council, undertaking to meet creditors and payment of Official Assignee costs) the Court was satisfied it was just and equitable to terminate the liquidation under s 250; creditor consent was not required given the assurances and evidence; termination was granted subject to conditions including payment of Official Assignee's costs and a written undertaking regarding funds or arrangements for creditors.
29 Jan 2013

PAUL DAVID JOSEPH HARRIS V TR GROUP LIMITED HC CHCH CIV-2011-409-002560

Citation

openlaw-7963996d_98ce_44fa_8deb_232b83df852a.pdf
Court

High Court

Early discharge granted because the Official Assignee supports discharge subject to payment of her costs, the proposed scheme will deliver a 51 cent-in-the-dollar dividend to listed creditors funded by third parties, the applicant will resign from directorships and be employed without managerial control, and public interest is protected by imposing a prohibition on acting as director or engaging in management until 15 March 2016.
27 Aug 2009

THE COMMISSIONER OF INLAND REVENUE V MM JOHNSTON HC WANG CIV-2008-483-150

Citation

openlaw-18bea1dc_86da_4b06_af89_a26a3e913c0f.pdf
Court

High Court

The applicant failed to demonstrate that Mr Johnston's medical condition constituted a material fact not brought before the Court that would have affected the outcome; independent evidence (Official Assignee report and market valuations) established the applicant's insolvency and that adjudication was inevitable, therefore annulment under s.309(1)(a) was not warranted.