13 Feb 2013

Lawyer loses bid to overturn bankruptcy

12:58 pm on 13 February 2013

Auckland lawyer Barry Hart has lost a legal bid to overturn his bankruptcy.

Mr Hart was adjudicated bankrupt by the High Court in Auckland in December last year.

The Court of Appeal had required him to pay security for costs before the hearing could go ahead, but his lawyer Davina Murray told the court on Wednesday her client wasn't in a position to make the payment.

Justice O'Regan said a waiver of the costs should have been made in December when the fee was set.

ANZ Bank's lawyer Laura O'Gorman asked the Court of Appeal to strike out Mr Hart's case and after conferring the judges returned to the courtroom and did so. They also awarded costs to the bank.

Mr Hart left the court without making any comment. He has another appeal hearing in March.