4 Oct 2018
THE DEPARTMENT OF INTERNAL AFFAIRS v XIAO [2018] NZHC 2599
- Citation
- [2018] NZHC 2599
- Court
- High Court
The application to set aside the bankruptcy notice was dismissed because the applicant cannot establish a statutory cross claim under s17(7), has not shown procedural defect or arguable grounds that would impugn the safety of the underlying judgments, has not diligently preserved his appeals (which are abandoned or revivable only by Court of Appeal process), and has not demonstrated the very special circumstances required to invoke the Court's inherent jurisdiction to prevent abuse of process; accordingly the bankruptcy notice stands and costs are awarded to the Department.