7 Aug 2020
DUSTIN v STARK [2020] NZHC 1975
- Citation
- [2020] NZHC 1975
- Court
- High Court
The Court granted joinder: the Rights of Action assigned were incidents of the bankrupt's property and not rights "conferred on the Assignee by the Act" for the purposes of s 221, so s 221 did not bar the assignment; consequently the Trustees were properly joined as plaintiffs, Ian Dustin was removed, the joinder takes effect from the date of judgment and directions were given for an amended statement of claim and filing of defences.