Court of Appeal Wellington
7 November; 19 December 1984
Cooke, Somers and Eichelbaum JJ
7 November; 19 December 1984
Cooke, Somers and Eichelbaum JJ
Bankruptcy and insolvency — Rights of creditors — Husband and wife were adjudicated bankrupt — Their joint family home had a capital value of $225,000 with encumbrances amounting to $88,500 - Proved debts totalled $62,208 - Advances by finance companies had been personally guaranteed by both bankrupts — High Court ordered the sale of the property and payment of $40,000 to the Official Assignee — Whether sale should have been ordered — Whether payment to Official Assignee should have been limited to $40,000 - Joint Family Homes Act 1964, s 16.
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