Fraser v Point Lumber Limited
[2022] NZHC 976
•9 May 2022
IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE
CIV-2022-476-9
[2022] NZHC 976
UNDER the Insolvency Act 2006, section 309 IN THE MATTER
of the bankruptcy of Allan Robert Fraser
BETWEEN
ALLAN ROBERT FRASER
Applicant/Bankrupt
AND
POINT LUMBER LIMITED
Respondent/Judgment Creditor
Hearing: 9 May 2022 Appearances:
I Cummings for Applicant
No appearance required for Respondent Official Assignee – no appearance required
Judgment:
9 May 2022
REASONS FOR JUDGMENT OF ASSOCIATE JUDGE LESTER
FRASER v POINT LUMBER LIMITED [2022] NZHC 976 [9 May 2022]
[1]The applicant was adjudicated bankrupt on 11 December 2017.
[2] It appears the bankrupt overlooked the need to file a statement of affairs. The three year term of bankruptcy only commences upon a bankrupt filing their statement of affairs.
[3] Accordingly, in the ordinary course, the applicant would have been discharged in December 2020, assuming he had filed his statement of affairs reasonably promptly.
[4] The Official Assignee’s Report confirms that the bankrupt only filed his statement of affairs on 27 November 2020.
[5] The bankrupt has applied to have his bankruptcy under s 309(1)(b) of the Insolvency Act 2006 (the Act). The Report of the Official Assignee dated 26 April 2022 confirms that the adjudication was advertised.
[6] When the application was called in the Timaru insolvency list on 9 May 2022, I made an order annulling the bankruptcy on the grounds that s 309(1)(b) of the Insolvency Act 2006 had been satisfied. The Official Assignee’s Report confirmed that sufficient funds had been received by the Official Assignee to pay all of the bankrupt’s debts and the Official Assignee’s costs. This is the situation s 309(1)(b) of the Act is aimed at.
[7]The annulment takes effect from 9 May 2022.
Associate Judge Lester
Solicitors:
Duncan Cotterill, Christchurch (for Applicant)
Copy to:
Official Assignee, Christchurch
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