Claiming
not to be the individual named in court proceedings did not assist a Bank of
New Zealand customer bankrupted on a $68,000 guarantee.
The Bank applied to have a Tauranga
customer named as Frederick John McKay Stewart bankrupted on a guarantee given
for a 2012 business loan to a company called Grey Street Television Studios
Ltd. Grey Street was put into
receivership in September 2014. Company
assets fetched some $17,000. Only about
$1500 was paid off on the Bank loan after receivership fees and expenses.
The court was told Mr Stewart jointly
guaranteed the bank loan. He was served
with court papers demanding payment. After
not paying, he was served with bankruptcy papers. On the day of the bankruptcy hearing, a Mr
Stewart turned up in court but denied he was the named defendant. He claimed to be Lord Frederick Stewart of
clan Stewart. He produced what purported
to be a royal warrant of appointment confirming this identity. Associate judge Bell dismissed the claimed
identity as no more than dissimulation.
After considering nine other reasons put forward by Mr Stewart as to why
he should not be adjudged bankrupt, Judge Bell ordered the bankruptcy. He described most of Mr Stewart’s arguments
as being irrelevant, nonsense, or just plain wrong.
Stewart
v. BNZ – High Court (16.11.15)
16.006