New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Vesting of claims in official assignee

Legal area

Court

15 Jul 2020

HAMPTON v MINTER ELLISON RUDD WATTS [2020] NZCA 291

Citation

[2020] NZCA 291
Court

Court of Appeal

Rule 17.29 does not permit the court to effect a temporary annulment or suspension of an adjudication that would revest estate assets in the bankrupt; adjudication is a status under the Insolvency Act and annulment is governed by s 309. Osborne J correctly found no jurisdiction under r 17.29 to grant the primary relief sought. Venning J did not err in imposing conditions on discharge because the appellant's failure to distinguish assets of related entities (notably the Augusta Street matter) and his lack of cooperation with the Official Assignee (late statement of affairs, failure to disclose…
31 Jul 2015

COMMISSIONER OF INLAND REVENUE v WATKINS [2015] NZHC 1780

Citation

[2015] NZHC 1780
Court

High Court

The court held that (1) the District Court default judgment fixed the debtor's liability for the causes of action pleaded and bars recovery of pre-judgment amounts that were within those causes of action but not claimed; (2) however statutory penalties and use-of-money interest under the Tax Administration Act continue to accrue after judgment and are recoverable, and the merger rule does not extinguish statutory post-judgment interest and penalties; (3) given the debtor's insolvency, repeated adjournments, lack of progress on the insurance claim and the real risk of massive further accrual o…