IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CIV-2018-470-152
[2019] NZHC 1649
UNDER the Insolvency Act 2006 IN THE MATTER
of an application for vesting orders
BETWEEN
ANDREA JEANETTE MARY GOLDSTONE
Applicant
AND
REECE CLIVE GOLDSTONE
Respondent
AND IN THE MATTER of an application under s 119(2) Insolvency Act 2006 to vest property BETWEEN
REECE CLIVE GOLDSTONE
Applicant
AND
THE MINISTER OF FINANCE ON BEHALF OF THE CROWN
Respondent
AND
ANDREA JEANETTE MARY GOLDSTONE
Second Respondent
Hearing: 5 March 2019 (heard at Tauranga) Appearances:
T Bartlett for A J M Goldstone M King for R C Goldstone
Judgment:
16 July 2019
JUDGMENT OF TOOGOOD J
This judgment was delivered by me on 16 July 2019 at 5.00 pm Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
GOLDSTONE v GOLDSTONE [2019] NZHC 1649 [16 July 2019]
TABLE OF CONTENTS
Introduction [1]
The facts [6]
The applications [14]
The legislative scheme [17]
A survey of cases under s 119 [22]
Re Shallish [23]
Re Marlow [24]
Re Hubball [25]
Re Julius [26]
Panther v Panther [27]
The Fish Man [30]
The relevant circumstances in an application under s 119 [41]
What does s119(3) permit the Court to do in this case? [43]
Filling gaps in the legislation – implied powers [45]
The central issue [48]
The proceedings under the Property (Relationships) Act 1976 [49]
What the Court must decide in this case [54]
What is the effect of the bankruptcy and the Assignee's disclaimer on the
status of the property as relationship property under the PRA? [56] What, if any, jurisdiction would the Family Court have to make orders in respect of the property under the PRA if it is vested in Reece, or in Reece
and Andrea jointly. [62]
What is the fairest outcome for the competing applications for vesting orders under the Insolvency Act? [66]
Factors relevant to the fairness assessment [67]
Matters not relevant to the fairness assessment [69]
The factors to be weighed in the fairness assessment [72]
Conclusion and orders [82]
Costs [84]
Introduction
[1] When a person is adjudicated bankrupt, all property belonging to or vested in them is vested in the Official Assignee and any rights in the property belonging to the bankrupt are extinguished.1 The property of a bankrupt that is unsaleable, or not readily saleable, or that may give rise to a liability to pay money or perform an onerous act may be determined by the Assignee to be “onerous property”.2
[2] The Assignee may disclaim onerous property,3 and within 10 days, give notice to every person whose rights are, to the Assignee's knowledge, affected by it.4 A disclaimer brings to an end, on and from the date of the disclaimer, the rights, interests, and liabilities of the Assignee and the bankrupt in relation to the property disclaimed,5 but it does not affect the rights, interests, or liabilities of any other person, except in so far as is necessary to release the…
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- AGLC
- Goldstone v Goldstone [2019] NZHC 1649
- Case
- [2019] NZHC 1649
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CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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