30 Aug 2018
GOLD BAND FINANCE LTD v STOKES [2018] NZHC 2263
- Citation
- [2018] NZHC 2263
- Court
- High Court
The debtor failed to establish that he had a cross-claim that he could not have asserted in the earlier proceedings; the asserted claims were the same claims litigated and rejected, the excluded memorandum did not create the necessary legal inability and the debtor did not pursue appeal or rehearing; accordingly s17 relief is not available and the application to set aside the bankruptcy notice is dismissed.