8 Mar 2017
OFFICIAL ASSIGNEE v CARRIM [2017] NZHC 367
- Citation
- [2017] NZHC 367
- Court
- High Court
The Court found that the deeded gifts to the trustees and the demonstrated components of value (deposit, couple's cash and equity from loan repayment) resulted in a reducible transfer of value totalling $74,342.87, of which the bankrupt's 50% share was $37,170.53; estoppel by deed barred the respondent from denying the deeded gift amounts; the Assignee failed to prove that the $27,000 deposits were the bankrupt's money so no recovery was ordered in respect of the alleged additional gift; accordingly the Court ordered the respondent to pay $37,170.53 under s 207 and dismissed the other recover…