17 Apr 2007
J NICHOLLS V AP GALBRAITH & RA JANE AS TRUSTEES OF THE GALBRAITH FAMILY TRUST HC WHA CIV 2006-488-000405
- Citation
- openlaw-87e35b37_f5d7_4ee9_aa51_3ef599083a22.pdf
- Court
- High Court
The Court exercised its discretion under s26(7) to stay the substituted creditor's petition until the District Court determins the application to set aside the underlying judgment because if that judgment is set aside there would be no foundation for the bankruptcy notice and consequently the substituted petitioner could not satisfy the requirements of s23.