8 Jun 2016
BANK OF NEW ZEALAND v DEBRA DONALDSON [2016] NZHC 1225
- Citation
- [2016] NZHC 1225
- Court
- High Court
The Court found the s13 requirements satisfied and concluded the promissory notes were not equivalent to cash nor accepted by the Bank, silence did not amount to acceptance, there was no estoppel or arguable defence, service was sufficiently regular and no miscarriage of justice established, therefore discretion under s37 should not be exercised to refuse adjudication and the debtor was adjudicated bankrupt.