16 Jun 2014
Weighing all factors under s37, the Court found the debtor insolvent, culpable in his conduct as a director (materially causative by failure to govern), insufficiently candid about income and trust arrangements, and that public interest and commercial morality require adjudication; accordingly adjudication in bankruptcy was ordered to take effect subject to procedural certification.
6 Dec 2012
Although technical requirements for adjudication were satisfied, the Court considered debtor's arguments and evidence and concluded they did not show it would be unjust or inequitable to adjudicate: debtor had commercial guarantees, obtained benefit from alleged transfers, plausible recoverable assets or security existed (eg Fifer security), and the Official Assignee's investigatory powers and public interest in enforcing guarantees warranted adjudication; accordingly the debtor failed to discharge the onus and adjudication ordered.
27 May 2010
Adjudication was ordered because the debtors engaged in imprudent and commercially reckless risk taking in undertaking heavy guarantees and committing personal assets without financing for development, such that bankruptcy is conducive to commercial morality and the wider public interest in upholding guarantees and disqualifying irresponsible commercial actors.
17 Nov 2006
Termination was granted because the Commissioner and other creditors consented or had satisfactory arrangements, the liquidators' fees were to be secured before release, there was no demonstrated intention for the company to resume trading so as to pose a hazard to the commercial community, and the public interest/commercial morality considerations did not outweigh the benefits to creditors.
17 Feb 2006
Early discharge refused because applicant's reckless business conduct and participation in a tax avoidance scheme caused substantial losses to creditors and revenue, he made no contributions, public interest and commercial morality weigh against early discharge and only a short period remained before automatic discharge.