New Zealand Case Law: Decisions & Judgments

Topic

Recognition of foreign main proceeding

Legal area

Court

19 Nov 2020

COLEMAN v KNAPP [2020] NZHC 3055

Citation

[2020] NZHC 3055
Court

High Court

The Court held that the applicants met the requirements of Articles 15 and 17 because the English bankruptcy proceedings fell within the Act's definition of a foreign proceeding, the applicants were duly appointed foreign representatives and certified supporting documents were provided and presumed authentic under Article 16; the proceedings were not manifestly contrary to New Zealand public policy under Article 6; accordingly both bankruptcies were recognised as foreign main proceedings and relief under Article 21 and provisional relief under Article 19 were granted, with orders made as per…
10 May 2019

THE OFFICIAL TRUSTEE v HENARE [2019] NZHC 1024

Citation

[2019] NZHC 1024
Court

High Court

The Court accepted the affidavit evidence that the Australian debtor's petition resulted in a collective administrative bankruptcy proceeding under Australian law, that the Official Trustee is the authorised foreign representative, and that the respondent's centre of main interests is Western Australia; accordingly the Australian bankruptcy is recognised as a foreign main proceeding and it is appropriate to entrust administration/realisation of assets in New Zealand to the appointed New Zealand Official Assignee.
25 Feb 2019

THE OFFICIAL TRUSTEE IN BANKRUPTCY as Trustee of the Bankrupt Estate of Pinehuia Mary Josephine Henare v HENARE [2019] NZHC 248

Citation

[2019] NZHC 248
Court

High Court

The application to dispense with service was declined because none of the r 7.46(3) criteria for proceeding without notice were satisfied, natural justice requires notice where third parties and the debtor will be affected (including mortgagee ANZ Whakatane), practical difficulty of overseas service does not justify dispensing with service, and the Article 17 right to challenge recognition does not replace the debtor's right to be served; accordingly leave to serve out was granted and service on ANZ Whakatane was directed, with further orders adjourned.
3 Jul 2014

DOWNEY v HOLLAND [2014] NZHC 1546

Citation

[2014] NZHC 1546
Court

High Court

The Court held the Australian Part X bankruptcy proceeding qualifies as an insolvency proceeding and as a main foreign proceeding for recognition under art 17; recognition triggers the automatic stay under art 20(1)(a); however, the Court exercised its power under art 20(2) to permit HCL to continue only its fourth cause of action (breach of fiduciary duties) and prevented recovery of costs or disbursements, thereby limiting the stay exception to the form of relief the controlling trustee could recognise.
11 Jun 2014

THE OFFICIAL TRUSTEE IN BANKRUPTCY v SMITH [2014] NZHC 1305

Citation

[2014] NZHC 1305
Court

High Court

The Court will grant recognition of the Australian sequestration as a foreign main proceeding and entrust the administration and realisation of Mr Smith's New Zealand assets to the Official Assignee, but will not dispense with service of the recognition order; instead the order must be served on Mr Smith (leave granted to serve outside New Zealand) and he is given 30 working days from service to apply to review or set aside the recognition, preserving natural justice while avoiding undue delay.
29 Apr 2014

KIM and YU v STX PAN OCEAN CO. LTD [2014] NZHC 845

Citation

[2014] NZHC 845
Court

High Court

The admiralty in rem proceedings were covered by the automatic stay upon recognition of the Korean rehabilitation; however the claimants had acquired secured rights against New Giant upon issuing their in rem proceedings before the Korean rehabilitation was commenced, so the Court exercised its discretion under art 20(2) to grant leave to continue those proceedings because continuation merely preserves rights as they existed at the commencement of the foreign main proceeding and does not unfairly prejudice other creditors; the substitution application was declined because it would elevate an…
5 Oct 2010

OMEGATREND INTERNATIONAL PTY LTD (IN LIQUIDATION) (ACN 074 557 681) V NEW IMAGE INTERNATIONAL LTD HC AK CIV 2010-404-004098

Citation

openlaw-ae3e271b_a92c_436f_a43a_77e7ebe76257.pdf
Court

High Court

The examinations were ordered to be conducted in chambers rather than open court because the liquidator suffered no prejudice from private hearings and the extraordinary nature of examination powers and absence of substantive adversarial proceedings justified privacy; to preserve the integrity of evidence the other examinees were excluded from attending co-examinees' hearings and a prohibition was imposed on communicating questions or answers between examinees until all examinations conclude.
17 Sept 2010

WILLIAMS V SIMPSON HC HAM CIV 2010-419-1174

Citation

openlaw-f1cf6ea4_2f37_45d2_943f_c92b408a56b6.pdf
Court

High Court

The Court held that provisional relief under Schedule 1 art 19 of the Insolvency (Cross-border) Act 2006 can, in an appropriate case, include the issue of a search warrant to locate and seize assets concealed in New Zealand that are in jeopardy; the 'reason to believe' threshold was met on the evidence (corroborated informer intelligence and inquiries), so a tightly‑drafted warrant was justified, together with suspension of the bankrupt's rights in respect of NZ assets and an examination order, subject to protections for third parties and timetabled substantive hearing.