22 Nov 2010
PALMER AND MENZIES V THE OFFICIAL ASSIGNEE HC AK CIV-2005-404-3288
- Citation
- openlaw-87cb976a_2d84_4cd3_981e_71309f44215b.pdf
- Court
- High Court
The Assignee has statutory power to issue a s58 notice after the bankrupt's discharge because s42 is not exhaustive of property available to creditors and ss54-58 together with Property Law Act s60 create recoverable categories separate from s42 property; the Assignee's powers continue until released and are subject to ordinary limitation rules measured from adjudication, so a post-discharge s58 notice issued within the limitation period is valid. The PRA does not prevent High Court determination of relationship-property issues arising in s58 proceedings.