1 Sept 2015
MIAH v THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED [2015] NZHC 993
- Citation
- [2015] NZHC 993
- Court
- High Court
On contractual construction the death benefit was intended for the surviving spouse so the deceased did not have an enforceable beneficial right to a share of the death benefit; the contingent contractual right was property/chose in action within the meaning of the Insolvency Act 1967 and vested in the Official Assignee on the plaintiff's bankruptcy; there was no abandonment and the plaintiff therefore lacked standing to sue; accordingly all causes of action failed and summary judgment was entered for the defendant.