24 May 2018
BRAMBLES NEW ZEALAND LTD (trading as CHEP New Zealand) v BRAID [2018] NZHC 1187
- Citation
- [2018] NZHC 1187
- Court
- High Court
Although final District Court judgments existed and an act of bankruptcy had been committed, the Court exercised its discretion under ss 36 and 37 to refuse adjudication because the debtors had no assets to satisfy judgment, the bankruptcy would achieve nothing for creditors, the debtors suffered severe economic loss caused by the Christchurch earthquakes and other hardship (including serious ill health), and there was no public interest factor outweighing these considerations; the Court declined to re‑litigate the underlying judgment beyond assessing the challenge's sufficiency to justify ad…