Page v Official Assignee

The High Court of New Zealand, in the matter of the bankruptcy of Adrian Neil Page, heard an application by Page to annul his bankruptcy and to have the Official Assignee's decision to admit as a proven debt a costs judgment of $12,000 made by the Environment Court on 11 March 2010 reversed. The Official Assignee had admitted the costs judgment as a proven debt, which Page argued should not have been done as he believed he was not personally liable for the debt due to a misunderstanding of the ownership of the property involved. The court was required to determine if the Official Assignee had erred in admitting the costs judgment as a proven debt.

The court found that the Official Assignee's decision to admit the costs judgment as a proven debt was appropriate, considering the judgment was against Page, predated the adjudication of bankruptcy, and was from a Court of competent jurisdiction. The court also noted that Page could have taken steps to challenge the validity of the costs judgment, but had not done so. The court found that the evidence provided by Page that he had already paid the matters that formed the basis of the Environment Court's costs award was insufficient to warrant revisiting the decision of the Official Assignee.

The court dismissed Page's application to have the decision of the Official Assignee reversed, finding that the Official Assignee was fully entitled to take into account the Environment Court's costs award when assessing what debts were proven against Page's estate. The court found that the Official Assignee had not erred in admitting the costs judgment as a proven debt.

The court dismissed the application to have the decision of the Official Assignee reversed.