STEPHEN GILBERT ANDERSON v THE OFFICIAL ASSIGNEE [2002] NZCA 82 (24 April 2002)

IN THE court of appeal of new zealand

ca259/01

	between	stephen gilbert anderson
		Appellant

	and	the official assignee
		Respondent

Hearing:	24 April 2002
Coram:	Richardson P Keith J Blanchard J
Appearances:	Appellant in Person
	R A MacDuff for Respondent
Judgment:	24 April 2002

judgment of the court delivered by blanchard j

[1] Mr Anderson appeals against the dismissal by John Hansen J in the High Court at Christchurch on 16 October 2001 of his application for an extension of time to appeal to the High Court under s86 of the Insolvency Act 1967 against decisions of the Official Assignee.The time period stipulated in s86 is "within 21 days from the date of" the act or decision of the Assignee or within such further period as the High Court allows.In a brief notation on the file John Hansen J dismissed the application because "This is 13 years out of time".

[2] In 1987 Mr Anderson had fallen into arrears under a mortgage.He filed a bankruptcy petition on 24 February 1988.The Official Assignee disclaimed the farm property on 16 June 1988 and it was sold by the mortgagees, companies within the New Zealand Insurance Group which we understand are no longer in existence, at auction on 22 June 1988.It has been Mr Anderson's contention that the Official Assignee should not have disclaimed the interest in the farm property and should have pursued a claim for damages against the mortgagees. Obviously, however, the Official Assignee's decisions in relation to this matter were taken many years ago.Further, Mr Anderson was no longer the possessor of an interest in the property after it was disclaimed (Auckland City Council v Glucina [1997] 2 NZLR 1).

[3] No evidence is offered by Mr Anderson in respect of his allegations against the Official Assignee and in any event, whatever the merits it is now far too late to bring an appeal under s86 and the High Court was quite right to dismiss in a summary way the application for an extension of time.

[4] Mr Anderson's appeal must be, and is, dismissed.There will be an order for payment by the applicant of costs of $1000.

Solicitors:

Official Assignee, Christchurch