29 Sept 2020
MICHAEL WILSON & PARTNERS LIMITED v SINCLAIR [2020] NZHC 2546
- Citation
- [2020] NZHC 2546
- Court
- High Court
The Court exercised its discretion under s 38 of the Insolvency Act to halt the creditor's four adjudication applications until the debtor's Court of Appeal appeal is disposed of, concluding that, on balance and despite remote prospects of success, the finality of bankruptcy and the overall litigation history justify a conditional stay provided the debtor prosecutes the appeal with expedition.