5 Nov 2013
THE OFFICIAL ASSIGNEE AT HAMILTON v LEWTYN MICHAEL SCOTT [2013] NZHC 2904
- Citation
- [2013] NZHC 2904
- Court
- High Court
The Court found on the evidence that the debtor was insolvent as at the dates of the transfers, that he intended to place assets beyond creditors' reach (intent to prejudice), that the transactions were dispositions or an insolvent gift within the Property Law Act and Insolvency Act, and that recipients failed to prove the s208 good faith/value/knowledge defence; accordingly the transfers were cancelled and assets ordered retransferred to the Official Assignee.