19 Sept 2014
NZF MONEY LIMITED (In Receivership) v MILLAR [2014] NZHC 2273
- Citation
- [2014] NZHC 2273
- Court
- High Court
The guarantees, as executed, were separate and did not evidence a contractual agreement that one $160,000 payment discharged both; there was no arguable defence or cogent evidence of deliberate suppression amounting to fraud that would displace the final District Court judgment; s 17 relief is not available because the alleged defence/cross-claim could have been raised in the original proceeding. Therefore the bankruptcy notice cannot be set aside.