19 Jul 2023
The recall applications were declined because the applicants had no defence to the Commissioner's bankruptcy claim and therefore no purpose would be served by extending time to appeal; the High Court decision was correct.
13 Oct 2021
The application was declined because the Official Assignee's authority to administer the bankrupt estate arises from the court adjudication and related statutory provisions; the application was misconceived, lacked jurisdictional foundation, and documentation confirming the Assignee's authority had been provided.
12 Jul 2021
Leave to appeal was refused because the Court of Appeal's interpretation and application of the 2010 judgment to the tax calculation and 15% remission was correct, the evidence established CPL's indebtedness (approx $1,088,461.15) and balance-sheet insolvency despite relief for later periods, the misfeasance claim was contingent and stayed so liquidation was not premature, the vesting orders were properly made and costs and bankruptcy outcomes followed; no appearance of a civil miscarriage of justice justified further appeal.
10 Jul 2020
The Court exercised its discretion under s42 to halt the adjudication in bankruptcy pending the imminent appeal because the appeal was bona fide, prosecution diligent, and there was a real risk bankruptcy would render the appeal nugatory; the Court declined to order additional security given the timing and that security issues are properly addressed by the appellate process.
14 Nov 2019
The applicant met the statutory and procedural requirements for adjudication; the debtor's asserted grounds for a halt amount to re‑litigation of issues already raised or capable of being raised in earlier proceedings and therefore are precluded as an abuse of process; the debtor failed to show a just and equitable basis or even an arguable counterclaim sufficient to halt adjudication; public interest in finality and accountability mandates adjudication.
3 Jul 2019
Application to halt adjudication dismissed and adjudication ordered because the purported sale was not unconditional and unreliable, debtor had little real equity, delay and repeated litigation had been protracted and oppressive, and the balance of interests and public interest required adjudication rather than further delay.
28 Feb 2019
Under s352(2) of the Insolvency Act 2006 a summary instalment order operates to bar creditors from continuing proceedings in any court in respect of debts included in the order unless the Official Assignee gives permission; the High Court no longer has a residual discretion to adjudicate a bankruptcy application where a summary instalment order has been made; accordingly the creditor's application for adjudication is dismissed.
13 Dec 2018
Where a person is already bankrupt a subsequent adjudication made against that person is in effect a nullity; in such exceptional circumstances the Court has jurisdiction to recall and rescind the later adjudication notwithstanding the general rule that adjudications in bankruptcy are judgments in rem not ordinarily susceptible to recall; costs awarded to the judgment creditor on a 2B basis.
19 Nov 2018
The Associate Judge correctly exercised the s 37 discretion: evidence showed the debtor was able (or demonstrated readiness) to meet debts and there was a genuine dispute as to liability and quantum; bankruptcy is not a substitute for debt collection, so adjudication was properly refused and the appeal dismissed.
23 Aug 2018
The Court declined to exercise its residual discretion because the judgment debt was established, the debtor failed to discharge the onus to show exceptional circumstances that would remove him from ordinary consequences of insolvency, and adjudication serves the public interest and may benefit the debtor by finally addressing the overwhelming debt.