21 Feb 2014
WAITOMO ADVENTURES LIMITED v O'HAGAN [2014] NZHC 247
- Citation
- [2014] NZHC 247
- Court
- High Court
Although the creditor had established the statutory prerequisites for adjudication, the court exercised its discretion under s38 to halt the bankruptcy application until further order because the debtor had commenced High Court proceedings alleging the Employment Court judgment was obtained by fraud and adjudication at this time risked unfairly prejudicing the debtor's ability to pursue that action; the fraud challenge appeared arguable enough to justify a conditional halt while imposing obligations on the debtor to expedite the High Court proceedings and preserving the creditor's right to se…