11 Feb 2020
HANTOM v NZCU BAYWIDE [2020] NZHC 126 .
- Citation
- [2020] NZHC 126
- Court
- High Court
Because all affected creditors (other than an intentionally unserved secured creditor) received notice by email, responded and approved the proposal, and the failure to serve the secured creditor was a deliberate decision accepted would leave that creditor unbound, the Court exercised its discretion to treat service requirements as satisfied in the circumstances and granted approval of the creditors' proposal; the risk of using email notice without express consent lies with the insolvent.