6 Aug 2013
GREEN GECKO LIMITED v COX [2013] NZHC 1951
- Citation
- [2013] NZHC 1951
- Court
- High Court
The court exercised its discretion under s76(2) to allow the proceeding to continue against the bankrupt second defendant because the plaintiff's claims were not clearly unsustainable, there was a real prospect that liability might involve fraud falling within s304(2)(a) (which is more appropriately determined by court procedure than by OA administration), and there are overlapping issues with co‑defendants; continuation was permitted subject to protective conditions preventing enforcement during bankruptcy and requiring particularised pleadings on fraud.