Court of Appeal Wellington
18 February; 4 March 1988
Somers, Casey and Gallen JJ
18 February; 4 March 1988
Somers, Casey and Gallen JJ
Bankruptcy and insolvency — Warrant for arrest of absconding debtor — Creditor filed bankruptcy petition and obtained ex parte order for arrest of debtor on grounds that he was about to leave New Zealand — Debtor was arrested and subsequently applied for discharge — Whether petition must be served on debtor — Whether debtor must have notice of filing of petition before application may be made for his arrest — Whether, on application for discharge, onus is on creditor to show cause why warrant should be continued — Insolvency Act 1967, s 63.
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