New Zealand Case Law: Decisions & Judgments

Topic

S76 insolvency act 2006

Legal area

Court

19 Jul 2021

THE VINTAGE AVIATOR LIMITED v EUGENE JOHN DEMARCO including as trustee of the Airflight Trust [2021] NZHC 1912

Citation

[2021] NZHC 1912
Court

High Court

Limited leave under s76(2) of the Insolvency Act 2006 was granted to permit delivery of the already‑heard stay/leave decision because the application had been fully heard with representation, no party would gain an unfair advantage from delivery of that decision, and the Official Assignee consented to a limited continuation; the leave was confined to delivering that judgment and did not authorise substantive trial continuation.
20 Jul 2015

BROOKMILL FINANCE LIMITED v AARON DAWSON [2015] NZHC 1682

Citation

[2015] NZHC 1682
Court

High Court

The plaintiff met the s76 threshold: there is a tenable arguable case that the shares may be subject to security (either because the defendant was beneficial owner or because trustees may have agreed or could be demonstrated to have agreed), and the claim is suited to litigation rather than merely a proof of debt; therefore leave to continue the proceeding under s76(2) is granted, while noting that subjective extrinsic evidence is generally inadmissible for contract interpretation and further interlocutory probing may be required to resolve trust ownership and authority issues.
19 Apr 2013

WALKER V FORBES HC CHCH CIV 2012-409-002486

Citation

openlaw-88c265eb_10e9_47e1_a70d_5a3374832f6a.pdf
Court

High Court

The Court directed the plaintiffs to trigger the Insolvency Act processes (ss233 and 237) before a final ruling on the scope of s76, confirmed the bankrupt defendant (Henderson) remains a party for purposes of declarations and banning orders, and ordered that any s237(2) application be heard with the substantive trial; leave to seek reconsideration is granted if the s233/237 process cannot be practically triggered.

New Zealand Case Law

THE VINTAGE AVIATOR LIMITED v EUGENE JOHN DEMARCO including as trustee of the Airflight Trust [2021] NZHC 1912

BROOKMILL FINANCE LIMITED v AARON DAWSON [2015] NZHC 1682

WALKER V FORBES HC CHCH CIV 2012-409-002486