17 Sept 2013
MINTER ELLISON RUDD WATTS v HAMPTON [2013] NZHC 2434
- Citation
- [2013] NZHC 2434
- Court
- High Court
The adjudication was properly made on 5 June 2013 because there was a prior act of bankruptcy and an outstanding debt; funds received before the adjudication do not satisfy s 309(1)(c) which requires a substantial change after adjudication; partial payment is insufficient for s 309(1)(b); accordingly neither s 309(1)(a) nor (c) (nor (b)) jurisdictional requirements for annulment were met and the annulment must be dismissed; a further stay was refused because it would be akin to annulment and contrary to the public interest in prompt resolution of insolvency matters.