Barry Hart's bankruptcy appeal struck out

MICHAEL DALY
Last updated 13:22 13/02/2013
Barry Hart
LAWRENCE SMITH/Fairfax NZ
FALL FROM GRACE: Auckland lawyer Barry Hart.

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Former Auckland lawyer Barry Hart's bid to appeal an adjudication of bankruptcy has been struck out by the Court of Appeal.

At the court in Wellington today, Laura O'Gorman for ANZ sought to have the hearing struck out because Hart had not made a $5880 security for costs payment.

She said that in any event, the bank's position was that the appeal was not reasonably arguable.

Davina Murray, for Hart, asked the court to consider an adjournment of today's hearing, which would enable Hart to raise funds.

Hart, who has been struck off as a lawyer, believed there were merits in the application, Murray said.

Justices O'Regan, Arnold and Harrison allowed the application to strike out today's appeal, saying they would award costs to ANZ for the hearing, and would deliver their reasons in writing in the next few days.

Hart was in court for the hearing. He is due back in the Court of Appeal on March 19 for another appeal hearing.

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