11 Sept 2012
OCEANA GOLD NEW ZEALAND LIMITED V MCNAB HC CHCH CIV-2012-412-000310
- Citation
- openlaw-56a66974_08cc_4a95_b7aa_1977521b280c.pdf
- Court
- High Court
The Environment Court costs order constituted a final judgment debt and the creditor complied with the bankruptcy notice procedure; the debtor failed to comply with the bankruptcy notice and provided no admissible evidence to rebut the presumption of insolvency; s 418 does not invalidate the proceeding and any alleged procedural defects were either immaterial or remediable; no discretionary ground under s 37 justified refusal to adjudicate; adjudication of the debtor as bankrupt was therefore warranted.