Re Stirling ex parte Webb Ross & Co - [1990] 1 NZLR 569

Bankruptcy and insolvency — Bankruptcy petition — Non-compliance with bankruptcy notice — Debtor in opposition to bankruptcy notice filed affidavit which operated as application to set aside notice — Before application to set aside was heard and determined, creditor filed petition based on non-compliance with notice — Whether act of bankruptcy had occurred — Whether petition should be granted — Insolvency Rules 1970, r 41.

Bankruptcy and insolvency — Bankruptcy petition — Solvent debtor — Adjudication — Discretion — Creditor's petition — Debtor was able but unwilling to pay his debts — Observations as to whether, once an act of bankruptcy has been proved, an adjudication would automatically follow — Whether it was intention of legislature that solvent debtor should be made bankrupt — Insolvency Act 1967, s 26.