30 Mar 2021
WOOTTON v WOOTTON [2021] NZHC 658
- Citation
- [2021] NZHC 658
- Court
- High Court
The Registrar did not err in accepting the bankruptcy notice because there was no information before the Registrar that the part payment had been accepted, presented or applied; a creditor's unexplained retention of a bank cheque raises a factual issue as to acceptance which must be addressed by the creditor before costs are determined, therefore the application to review the Registrar's decision is dismissed and costs are reserved pending the creditor's explanation of the delay in returning the cheque.