26 September 2017

Bankruptcy: Official Assignee v. Mathiesen

The High Court ordered a Timaru property sold to meet bankruptcy debts over the objections of a Gabrielle Mathiesen who argued in vain that a husband cannot bankrupt his spouse.  Attempts to shelter her replacement home in a family trust were not successful.
Ms Mathiesen has been in court on multiple occasions seeking amongst other things a writ of habeas corpus complaining bankruptcy proceedings amount to a form of imprisonment and alleging in further proceedings contempt of court by Insolvency Service staff.  None of these claims succeeded.  The Insolvency Service seeks to recover $530,212; funds used by Ms Mathiesen’s family trust to purchase a Timaru-Pareora Road property where she lives.
The High Court was told Ms Mathiesen separated from her husband in 2004.  She then set up a family trust (Sweet Pea Trust) naming herself, her children and grandchildren as beneficiaries.  The former matrimonial home, part of a horse stud at Bellevue Road, Cambridge, was then transferred to the Sweet Pea Trust with a debt back to Ms Mathiesen for the value of the property.  Bellevue Road was subsequently sold with Ms Mathiesen shifting to south Canterbury.  The Trust purchased a replacement property.  She was bankrupted in 2013 by her husband to enforce a $326,000 Family Court relationship property order.  Part is payable by Ms Mathiesen personally; the rest by Sweet Pea Trust.
Ms Mathiesen does not own her residence in Timaru; that is owned by the Sweet Pea Trust.  But she does “own” the debt back owed her by the Trust.  This debt is owed by a trustee of the Trust who took title to the Timaru property on behalf of the Trust.  Trustees have an automatic right of indemnity against Trust assets for debts properly incurred on behalf of any Trust.  Standing in the shoes of the trustee, the Insolvency Service sued to have Trust assets sold to recover payment.  Justice Gendall ordered sale of the Timaru home.  It is the Trust’s only asset of any value.  The court was told Timaru District Council is also looking to sell the property, for unpaid rates.
Official Assignee v. Mathiesen – High Court (26.09.17)

17.123