Havenleigh Global Services Limited v Henderson

Case

[2015] NZHC 1761

29 July 2015


Details
AGLC Case Decision Date
Havenleigh Global Services Limited v Henderson [2015] NZHC 1761 [2015] NZHC 1761 29 July 2015

CaseChat Overview and Summary

In the case of Havenleigh Global Services Limited v Henderson, the High Court of New Zealand considered the legality of summonses and notices issued by the Official Assignee in relation to the bankruptcy of David Ian Henderson. Mr Henderson sought to strike out evidence obtained through these summonses and notices, arguing they were unlawfully obtained. The court examined the scope and legality of the summonses and notices under sections 165 and 171 of the Insolvency Act 2006. The court found that the summonses and notices were properly issued and within the scope of the Act, as they related to the bankrupt's property, conduct, or dealings. The court concluded that the Assignee's actions were justified and that the evidence obtained should not be struck out. The court dismissed Mr Henderson's application and reserved costs.
Details

Areas of Law

  • Insolvency Law

Legal Concepts

  • Bankruptcy

  • Investigation of Bankrupt

  • Powers of Assignee

  • Summonses and Notices

  • Admissibility of Evidence

Actions
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Cases Citing This Decision

12

Buxton v Xero Limited [2022] NZCA 100
Buxton v Xero Limited [2021] NZHC 206
Cases Cited

1

Statutory Material Cited

0