11 Jun 2019
ANZ BANK NEW ZEALAND LIMITED v LESLIE CARON TE KOOTI [2019] NZHC 1305
- Citation
- [2019] NZHC 1305
- Court
- High Court
The first defendant failed to provide any admissible evidence of a caveatable equitable interest or valid assignment; the caveat was unsupportable and likely contrived to circumvent the bankrupt estate; the bank validly exercised its power of sale and the Official Assignee is entitled to the surplus funds; the bank is entitled to indemnity costs to be deducted from the fund.