3 Mar 2020
WILFRED v GAN and YU [2020] NZHC 356
- Citation
- [2020] NZHC 356
- Court
- High Court
Official Assignee failed to prove on the balance of probabilities that the $20,000 security sum was gifted by Mrs Wilfred to the bankrupt; unchallenged evidence showed the money was paid with express instructions and the bankrupt never had possession or control; there was no court order making payment-out to the bankrupt and s102 does not operate without such an order, therefore the security sum remained the property of Mrs Wilfred and must be paid to her.