Official Assignee in Bankruptcy of the Property of Hanna, in the matter of Hanna v Hanna

The case of Hanna v Hanna involved a dispute regarding the provision of assistance to the New Zealand Official Assignee in Bankruptcy under sections 29 of the Bankruptcy Act 1966 (Cth) and 10 of the Cross-Border Insolvency Act 2008 (Cth). The Official Assignee sought recognition of a New Zealand bankruptcy as a foreign proceeding or foreign main proceeding under the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, as given force by the Cross-Border Insolvency Act. Additionally, the Official Assignee sought relief under Article 21 of the Model Law.

The court was required to determine whether to provide assistance to the New Zealand Official Assignee in Bankruptcy under the relevant sections of the Bankruptcy Act and the Cross-Border Insolvency Act. The court also had to decide whether to recognise the New Zealand bankruptcy as a foreign proceeding or foreign main proceeding under the Model Law and whether to grant relief under Article 21 of the Model Law.

The court found that the New Zealand proceeding was recognised as a foreign proceeding, but not as a foreign main proceeding. The court granted the Official Assignee's application for assistance and relief, including the declaration of the Official Assignee as the Official Assignee in Bankruptcy of Mr Hanna, the vesting of Mr Hanna's property in the Official Assignee, and the appointment of a receiver to act on behalf of the Official Assignee. The court also directed Mr Hanna to file a statement of his affairs and attend for examination on oath. The Official Assignee was granted liberty to apply for any necessary consequential or ancillary orders.

The court ordered that the New Zealand proceeding be recognised as a foreign proceeding and that the Official Assignee's costs of the proceeding be costs in and of the bankruptcy of Mr Hanna.