13 Dec 2013
JACOMB v WIKELEY [2013] NZHC 3368
- Citation
- [2013] NZHC 3368
- Court
- High Court
Interim relief was granted: the creditor's adjudication is halted under s38 of the Insolvency Act and interim relief under r12 of the Court of Appeal (Civil) Rules, but only on conditions that the debtor pay the costs sum ordered by Kós J (NZ$48,130.18 plus interest), notify any change of address, and promptly prosecute his appeal; leave reserved to review. The court found the debtor had committed an act of bankruptcy by failing to comply with the notice as to the costs portion and that the appeal, even if successful on the US$ claim, would not entirely remove the bankruptcy notice.