McCallum v Official Assignee - [1992] 2 NZLR 452

Husband and wife — Joint family home — Application for settlement by husband supported by false declaration as to solvency — Death of husband — Administration of estate by Official Assignee — Widow's survivorship registered — Application by widow to cancel settlement — Application by plaintiff to cancel settlement based on husband's false declaration — Whether application to cancel settlement constituted alienation of property to defraud creditors — Whether Joint Family Homes Act a separate code as to indefeasibility — Observations as to means of setting aside transaction — Joint Family Homes Act 1964, ss 9, 10 and 16 - Property Law Act 1952, s 60.

Bankruptcy and insolvency — Alienation with intent to defraud creditors — Joint family home — Application for settlement by husband supported by false declaration as to solvency — Death of husband — Administration of estate by Official Assignee — Widow's survivorship registered — Application by widow to cancel settlement — Application by plaintiff to cancel settlement based on husband's false declaration — Whether application to cancel settlement constituted alienation of property to defraud creditors — Whether Joint Family Homes Act a separate code as to indefeasibility — Observations as to means of setting aside transaction — Joint Family Homes Act 1964, ss 9, 10 and 16 - Property Law Act 1952, s 60.