Payne wins stay in bankruptcy case

A High Court judge has granted an Orari man's request for a stay in National Party bankruptcy proceedings against him.

Roger Payne had refused to pay $35,000 to the party and four other people after a failed attempt to get the National Party nomination for the Selwyn seat at the last general election in 2008. When not short-listed as a candidate, Mr Payne accused the party of corrupt practice in the way it chose candidates. His attempt to overturn the result in court failed. Last year the High Court awarded costs against him.

Last week he told Justice John Fogarty in the High Court at Timaru he was not insolvent and refused to pay the costs on principle. Lawyer Marieke van den Bergh, appearing for National, said the amount was "due and owing".

In his written ruling Judge Fogarty said: "This is not a case where there are insufficient assets to meet liabilities. There is no risk of any deferment of other creditors to the disadvantage of the National Party." Judge Fogarty said he was satisfied Mr Payne lacked "sufficient liquidity to immediately write a cheque" for the sum in question. He would need to make arrangements with his bankers or "realise upon some personal property" .

Last week Mr Payne told the judge he wanted the hearing adjourned to a later date to allow a complaint by him to the Judicial Conduct Commission to be heard. He told the court he would be able to pay the costs if he had to, by selling his Wellington home, the capital from which would be enough to cover the costs.

"What I'm after in this case is clearing my name and addressing the issue of election fixing. There were other courses of action they could have taken ... I don't want any more court action. I'm being asked to pay costs to some opposing lawyers who besmirched my character," he said at the time.

Judge Fogarty adjourned the creditors' applications for bankruptcy to October 21.

- © Fairfax NZ News