20 Aug 2020
Silich & Ors v White [2020] NZHC 2107
- Citation
- [2020] NZHC 2107
- Court
- High Court
The court refused to look behind the prior defended injunction and costs judgments because the debtor did not present substantial evidence that the debt was not truly owing; the trustees' post‑term actions were validated as de facto trustees pursuing a trust asset; the Clean Slate Act required the Trust Deed disqualification provision to be read consistently with concealment of old convictions so those convictions did not invalidate trustee actions; there was no abuse of process and no just or equitable reason to refuse adjudication, so the debtor was adjudicated bankrupt.