Brown v Bank of New Zealand - [1994] 2 NZLR 612

Bankruptcy and insolvency — Bankruptcy petition — Husband and wife jointly liable for debt owing to Bank — Husband subject to bankruptcy proceedings — Husband's scheme of arrangement approved by Court — Bank indicating it would not pursue claim against wife if husband kept to obligations under scheme — Husband fell behind in honouring obligations — Bank obtaining a summary judgment against wife — Bank petitioning for adjudication against wife — Whether Bank able to commence proceedings in respect of debt without Court's leave — Whether it was just and equitable that no order of adjudication be made — Insolvency Act 1967, ss 26(1), 26(2) and 144.