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Re Papesch - [1992] 1 NZLR 751

$30.00

High Court Wellington
2, 3 September 1991
Thomas J
Bankruptcy and insolvency — Official Assignee — Notices setting aside disposition as voidable — Application to set aside Official Assignee's notices — Husband and wife borrowed moneys from bank to finance purchase of car — Bank required them to enter into general lien and to deposit certificate of registration — Husband and wife advised that they expected to be placed in bankruptcy — Car delivered to bank — Husband and wife adjudicated bankrupt — Whether the disposition referred to in Official Assignee's notices was the secured interest claimed by bank in car — Whether the instrument created a possessory lien or a charge over the car — Whether the security took effect before a prior act of bankruptcy — Whether the security was given prior to 12-month period stipulated in s 57 of the Insolvency Act 1967 - Insolvency Act 1967, ss 57 and 58.

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