| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA423/2014 [2015] NZCA 264 |
| BETWEEN | DAVID JOHN HAMPTON |
| AND | THE OFFICIAL ASSIGNEE THE COMMISSIONER OF INLAND REVENUE MINTER ELLISON RUDD WATTS |
| Court: | Stevens, White and Cooper JJ |
Counsel: | Applicant in person |
Judgment: (On the papers) | 22 June 2015 at 2 pm |
JUDGMENT OF THE COURT
The application is dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Cooper J)
The applicant, David John Hampton, was adjudicated bankrupt on 5 June 2013. He applied for annulment of his bankruptcy under s 309(1)(a) and (c) of the Insolvency Act 2006 (the Act). By a judgment dated 26 June 2014, Associate Judge Matthews dismissed the application.[1]
[1]Hampton v The Official Assignee [2014] NZHC 1458 [decision under appeal].
Mr Hampton has filed a notice of appeal against that judgment, but it was filed one day late. He now seeks an extension of time for appealing. The first respondent, the Official Assignee, abides the decision of the Court on the application, but the application is opposed by counsel for the second and third respondents, the Commissioner of Inland Revenue and Minter Ellison Rudd Watts (Minter Ellison) respectively. In both cases, a substantial ground of opposition is that the appeal lacks merit.
Although formally abiding the decision of the Court, Mr Slevin has filed a memorandum on behalf of the Official Assignee in which he states that the administration of the applicant’s bankrupt estate has been delayed by the filing of the notice of appeal and the present application. That delay is said to compound the effects of his two earlier unsuccessful applications for annulment, which caused the Official Assignee to defer taking steps that would otherwise have been taken to enforce Mr Hampton’s obligations under the Act. Mr Slevin claims that Mr Hampton has been dilatory in providing information required under the Act.
Mr Hampton disputes the latter claim and asserts that he has cooperated fully with the Official Assignee to the extent that work commitments in Northland requiring him to be absent from Christchurch have allowed.
The second respondent also complains that the existence of the intended appeal is being used by Mr Hampton to defer the progress of matters in the High Court, including debt recovery proceedings and applications to strike out various claims for malicious prosecution and misfeasance in public office brought by the applicant and related entities against the Commissioner of Inland Revenue and her employees.
Background
The third respondents had obtained a judgment against the applicant on 11 February 2010 for a total amount including interest and costs of over $220,900.[2] They secured a charging order over a fund, from which they received payment of $176,553.86 in December 2012.[3] The balance of the judgment debt remained unpaid, and a bankruptcy notice was served. An application by Mr Hampton to set aside the notice was unsuccessful.[4] The notice…
Continue reading Hampton v Official Assignee
Sign in free to access the full text
- AGLC
- Hampton v Official Assignee [2015] NZCA 264
- Case
- [2015] NZCA 264
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.