26 Mar 2021
KEUNG v OFFICIAL ASSIGNEE [2021] NZCA 92
- Citation
- [2021] NZCA 92
- Court
- Court of Appeal
Although the non‑party costs order involved a natural justice breach, the Court of Appeal dismissed the appeal because the High Court did not err in concluding it would not exercise its residual discretion to grant a retrospective annulment under s 309(1)(a): appellant was insolvent at adjudication, delayed eight years in applying, had a previous bankruptcy, creditors had been compromised under the bankruptcy (weakening the force of subsequent payments), and alternative statutory remedies existed; those factors collectively outweighed the countervailing considerations for retrospective annulm…