Official Assignee in Bankruptcy in the estate of Wright v Wright

[2018] NZHC 2822

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CIV-2018-454-75

[2018] NZHC 2822

UNDER

Sub-part 5 of pt 6 of the Property Law Act 2007

BETWEEN

THE OFFICIAL ASSIGNEE IN

BANKRUPTCY IN THE ESTATE OF ELLEN CHRISTINE WRIGHT

Plaintiff

AND

RODNEY OWEN WRIGHT

Defendant

Hearing:	31 October 2018
Appearances:	Mr Daniel Kerr for the plaintiff Defendant in person
Judgment:	31 October 2018

JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[1]                 The Official Assignee at Palmerston North seeks an order pursuant to sub-pt 5 of pt 6 of the Property Law Act 2007 for the sale of a property in Pahiatua which she owns jointly with the defendant, Mr Rodney Wright, following the bankruptcy of the former owner of the joint interest, Mr Wright’s wife, Mrs Ellen Wright. Summary judgment is sought.

[2]                 The application for summary judgment  was  first  called  in  this  Court  on 20 September 2018. Mr Wright appeared on that occasion. He expressed a determination to reach some accommodation with the Official Assignee which would enable him and Mrs Wright to retain their home. I suggested that it might be helpful were he to obtain some advice from his solicitors or accountants. I adjourned the

THE OFFICIAL ASSIGNEE IN BANKRUPTCY IN THE ESTATE OF ELLEN CHRISTINE WRIGHT v WRIGHT [2018] NZHC 2822 [31 October 2018]

Official Assignee’s application to today’s date to give him an opportunity to do so, and to attempt to resolve matters with the Official Assignee. I record in this regard that Mrs Wright’s bankrupt estate apparently has debts of less than $100,000 and the property which is the subject matter of this proceeding is all but unencumbered. I also understand that Mr Wright is in employment and receives superannuation. The opportunity to borrow to discharge Mrs Wright’s obligations would appear to be a realistic one.

[3]                 When the matter was called today Mr Wright told me that he has approached lawyers but is not willing or able to pay costs. Despite my urging, he does not appear to have made any genuine attempt to settle matters with the Official Assignee. In short there has been no progress.

[4]                   Mr Wright also told me in emphatic terms that the Official Assignee had made no attempt since his wife’s bankruptcy to resolve matters relating to the family home with him. That is plainly wrong. There is evidence of correspondence between the Official Assignee’s solicitors and solicitors acting for Mr Wright.

[5]                   The Official Assignee is entitled to the orders it seeks and, having had regard to the considerations set out in s 442 of the Property Law Act, and to everything that Mr Wright has had to say, I now make orders in terms of the prayer for relief contained in her statement of claim dated 27 July 2018.

[6]The Official Assignee is also entitled to her costs and I award costs in the sum of

$10,258 plus disbursements in the sum of $1,957.75.

Associate Judge Johnston