Ruling pre-empts application for bankruptcy

An application to bankrupt former Dunedin art dealer and Temple Gallery co-owner Victoria Timpany was dismissed in the High Court at Dunedin yesterday, because Mrs Timpany bankrupted herself last Friday.

Records held by the Official Assignee show Mrs Timpany (44), of Dunedin, was adjudged bankrupt on September 20, on her own application. Her job status was listed as being on the unemployment benefit.

In the High Court at Dunedin yesterday, before Associate Judge Osborne, legal counsel Len Anderson said for Mrs Timpany, who was not present, she had applied for bankruptcy last August, but for no known reason that was ''rejected''. However, her application went through on Friday last week.

Jane Verboeket, who was not present yesterday, had applied to have Mrs Timpany placed in bankruptcy, but Judge Osborne ordered her application be dismissed, because of Mrs Timpany's bankruptcy on Friday.

Judge Osborne ordered court costs of $1084 against Mrs Timpany, which becomes a preferential claim against her estate, being administered by the Official Assignee.

• Separately, last week in the Dunedin District Court, Judge John Macdonald reserved his decision on an allegation of theft against Mrs Timpany, who has denied an intent to steal $72,000 from the proceeds from the sale of a Ralph Hotere painting owned by Dunedin man David Crooks.

At the time of that case, Mr Anderson, representing Mrs Timpany, said she had always intended to pay Mr Crooks, but the reality was she was essentially bankrupt, although not technically so at the time.

Judge Osborne is expected release a decision next month.

simon.hartley@odt.co.nz

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