24 Jul 2025
The prior High Court judgment and unpaid statutory demand established the debt on the face of the record; the debtor failed to produce credible, admissible evidence of a bona fide substantial dispute or of an ability to repay within a reasonable time, and therefore the court exercised its discretion to refuse adjournment and made the usual bankruptcy order against the debtor.
30 Oct 2024
The judgment debt and statutory demand established a prima facie case; the debtor failed to comply with the demand and did not adduce specific, credible evidence of a substantial dispute or ability to pay, therefore a bankruptcy order was properly made.
18 Jan 2023
The court held that RBF’s pursuit of Ground 2 (the cross-claim and attribution of dishonesty) was unreasonable and lacked any serious or substantial basis and that RBF’s adjournment application was without a concrete proposal; those unreasonable steps caused a significant unwarranted increase in costs. Accordingly the costs order nisi was varied to require RBF to pay 40% of the petitioner’s costs occasioned by RBF’s opposition and adjournment (certificate for two counsel, taxed if not agreed) and 40% of the petitioner’s costs of the present application, with the remaining petition costs to be…
13 Sept 2021
The petitioner established insolvency and the opposing contributory failed to demonstrate any bona fide defence on substantial grounds despite nine months to produce evidence; accordingly the court must grant the usual winding-up order and refuse further time to file evidence.
15 Mar 1979
The court exercised its discretion to grant a short extension and adjourn the petitions because counsel's bona fide unavailability and a genuine dispute justified a limited delay to allow the matters to be heard on their merits, while ordering that the costs of the adjournment be borne by the companies seeking the extension and granting specified time limits for evidence and reply.