Top court blocks Barry Hart's bid to stop bank selling his home
His prospects of ultimate success against ANZ are slim, Supreme Court judge says.
Former defence barrister Barry Hart has had another setback in his drawn-out legal skirmish to stop ANZ from selling his home farm.
ANZ, originally owed more than $30 million by the struck-off lawyer, successfully sold almost all the land in Mr Hart’s $26 million rural property portfolio last year.
Mr Hart appealed a High Court order for him to vacate the final property, a 72ha piece of land in Waimauku where he lives, so the bank could sell it.
But after being made bankrupt on December 17, the Official Assignee abandoned the appeal. The Court of Appeal then treated the appeal as terminated – releasing ANZ to proceed with the sale.
Mr Hart then went higher and asked the Supreme Court for a stay of the Court of Appeal’s judgment.
That request has now been refused by Justice William Young, who says he sees no substance in the substantive appeal grounds.
“His prospects of ultimate success against the bank are slim, to say the least,” the judge says.
Justice Young deferred his decision on Mr Hart’s further application for leave to appeal to the Supreme Court, where Mr Hart wants to argue the property was a family trust asset and therefore the Official Assignee was not entitled to abandon the appeal.
That has been deferred pending determination by the High Court of Mr Hart’s appeal against the Official Assignee’s decision.
Last month the Supreme Court upheld a ruling declaring Mr Hart bankrupt.
Georgina Bond
Fri, 03 May 2013
Fri, 03 May 2013
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Top court blocks Barry Hart's bid to stop bank selling his home
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