3 Oct 2023
Applicant's asserted grounds failed: the relied-on counterclaim had been struck out and appeals refused, allegations of judicial bias and abuse were unsubstantiated and not examinable at this stage, and the statutory demand complied with r44; accordingly the set-aside application is dismissed and respondent may present a bankruptcy petition.
10 Sept 2018
The debtor failed to demonstrate a personal set-off or arguable defence to the statutory demand; consequently the application to set aside the first statutory demand was dismissed and the related bankruptcy petitions were consolidated under the court's order.
18 Mar 2016
The court accepted the plaintiff's proof of service at the defendant's listed address and found the defendant provided no credible evidence of non-receipt; the defendant had no reasonable excuse for failing to attend the ex parte hearing and had contracted in deliberate breach of the sale order; accordingly the set-aside application for the prohibition order was refused. Separately, because the plaintiff confirmed receipt of most secured sums, the registered charges and the sale order were discharged. Costs were awarded to the plaintiff for the withdrawn first summons and for the successful s…
7 Apr 2006
Although the Writ was properly served at the Property and the default judgment was regularly obtained, the defendant advanced a credible defence (that the sum was compensation rather than a loan) and there were unresolved credibility conflicts and factual issues that meant the court could not conclude the defendant had no real prospect of success; accordingly the default judgment and the charging order were set aside and leave to defend granted.
19 May 2003
Because the company failed to comply with the unless order, supplied no particulars, exhibited no firm intention to set aside the judgment and advanced no specific grounds of opposition, the court concluded there was no point in adjourning and accordingly made a winding-up order and awarded costs against the company payable from its assets.