16 Jul 2015
MAWHINNEY v ENVIRONMENT COURT [2015] NZHC 1663
- Citation
- [2015] NZHC 1663
- Court
- High Court
A bankrupt cannot pursue judicial review in his personal capacity to attack the judgment debt that led to his adjudication because he no longer has an interest in the liability; however, where the applicant is the trustee of a trust that may have an indemnity or interest (separate from the bankrupt's personal estate), the trustee may have standing to pursue proceedings to protect trust interests notwithstanding the trustee's personal bankruptcy; the appropriate course was to determine the outstanding interlocutory application for security for costs.