11 Jun 2015
BANK OF NEW ZEALAND v EVANS [2015] NZHC 1345
- Citation
- [2015] NZHC 1345
- Court
- High Court
The application to set aside the bankruptcy notice is dismissed because s17(3) permits service outside New Zealand and New Zealand has a continuing interest in a debt incurred here; the bank accounted for the payments and costs so the notice amount was not overstated; there was no enforceable settlement because no written acknowledgment or fresh consideration was shown (Foakes v Beer and Judicature Act s92); the proposed payment plan lacked sufficient assurance of compliance, so the court would not approve it. Therefore the bankruptcy notice stands.