New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Setting aside bankruptcy notices

Legal area

Court

2 Jun 2016

PUBLIC TRUST v JOHN MICHAEL O'CONNOR [2016] NZHC 1175

Citation

[2016] NZHC 1175
Court

High Court

Muir J declared the Silverfern pt 14 compromise void; the appeal was abandoned; therefore the compromise cannot release the O'Connors or justify a stay. The stay of the setting aside applications is lifted and the setting aside applications are refused, leaving the bankruptcy notices valid and enforceable with the remaining working days for compliance calculated from service dates.
16 May 2012

SHARMA V WATI COA CA33/2012

Citation

openlaw-f85b6589_294e_4eb4_8e6e_8de820090c7a.pdf
Court

Court of Appeal

Hansen J properly reviewed the Associate Judge's decision because it was dealt with in chambers under the High Court Rules and the Judicature Act; defects in the bankruptcy notices were cured by s418 of the Insolvency Act absent prejudice; the substantive grounds to set aside the bankruptcy notices lacked merit; the delay, applicant conduct and prejudice to respondent precluded any extension of time to appeal; accordingly special leave to appeal was refused and costs awarded to respondent.