26 Sept 2018
MONSCHAU and TE NGARU v BAMBER [2018] NZHC 2566
- Citation
- [2018] NZHC 2566
- Court
- High Court
The Court held that the bankruptcy notice was invalid as to Mrs Bamber because she was not validly served; the notice was valid as to Mr Bamber because he was validly served. Mr Bamber's asserted s17 counterclaim failed because the set-off issue was raised and decided on the merits in prior Māori Land Court proceedings, creating an estoppel and precluding reliance on s17. Irregularities (naming two debtors and relying on multiple judgments) did not vitiate the notice given the common response and same litigation context. The application was adjourned to allow compliance by Mr Bamber.