6 Jul 2021
An appeal against a decision of the High Court, on the application of Gary Owen Burgess [2021] NZCA 300 [6 July 2021]
- Citation
- [2021] NZCA 300
- Court
- Court of Appeal
The Court dismissed the appeal because the proposed causes of action were wholly untenable and had no prospect of success, and, applying s 119, it would not be fair to vest the disclaimed litigation rights in Mr Burgess given the merits, the delay, prejudice to proposed defendants and the need to preserve the integrity of the court process.
- S 119 insolvency act 2006
- Disclaimer of property
- Vesting of disclaimed property
- Malicious civil prosecution
- Abuse of process
- Fraud