3 Jun 2010
THE DENTAL COUNCIL OF NEW ZEALAND V N JGIBSON HC AK CIV-2010-404-000230
- Citation
- openlaw-c79eda53_8282_48f4_b684_4726baa5570e.pdf
- Court
- High Court
The identity defect in the bankruptcy notice (naming the old Dental Council) was non-prejudicial and rectifiable under s 418 of the Insolvency Act 2006; the debtor failed to establish a genuine triable cross-claim because much of it is time-barred, misconceived, immunised by statute or an impermissible collateral attack on final tribunal and High Court decisions (abuse of process), so the application to set aside is dismissed and costs awarded to the creditor.