17 Jun 2013
ASTERON TRUST SERVICES LIMITED v MORONEY [2013] NZHC 1460
- Citation
- [2013] NZHC 1460
- Court
- High Court
The Court found the jurisdictional requirements under ss 13 and 36 were satisfied, s 14 did not prevent adjudication because the securities were over third‑party company property not owned by the guarantor/debtor, evidence established that realisable securities would not satisfy the judgment debt, and no credible settlement existed; discretionary factors under s 37 therefore did not justify refusing adjudication, and the debtor was adjudicated bankrupt.