6 Nov 2008
KORDA MENTHA & ANOR V SIEMER HC AK CIV 2007-404-007665
- Citation
- openlaw-a1b3a503_5d89_4615_9809_aad29a5d6523.pdf
- Court
- High Court
Jurisdictional requirements under s23 were met; the debtor failed to provide credible evidence of ability to pay and failed to establish a genuine triable set-off or a properly pleaded and pending proceeding to set aside the underlying judgments for fraud; collateral attack in the bankruptcy forum was inappropriate and there was no basis to stay the petition under s26(5) or (7); public interest favoured adjudication, therefore the debtor was adjudicated bankrupt.