13 Dec 2023
The creditors satisfied the jurisdictional requirements under ss13 and 36; the debtor failed to discharge the onus to show it is just and equitable to refuse adjudication; exercising the court's discretion under s38 the application is halted on terms that the debtor pay $96,432.74 by 5pm 20 December 2023, failing which the halt is lifted and an adjudication order will be made.
29 Jun 2023
The Commissioner met the statutory jurisdictional requirements for adjudication under ss13 and 36, and the debtor failed to establish grounds under s37 to persuade the Court to exercise its discretion to refuse adjudication; public interest in tax compliance and the debtor's conduct in diverting sale proceeds supported adjudication.
3 Dec 2020
NIWA was entitled to adjudication because it established the jurisdictional facts and the public interest in having the Shallards' complex, trust‑based affairs investigated by the Official Assignee outweighed the Shallards' arguments that adjudication would be futile or premature; the Court declined to exercise its discretion to refuse adjudication or to halt proceedings and made orders adjudicating both Bruce Dillon Shallard and Jocelyn Mary Shallard bankrupt, subject to payment by 4.00 pm 16 December 2020.
30 May 2018
Bell Associates proved the statutory requirements for adjudication; the Court exercised its discretion under s37 and concluded it was not just and equitable to refuse adjudication because both debtors were insolvent, Diane Foley's anticipated inheritance did not justify further delay given statutory waiting periods and past stalling, and Stephen Foley presented significant undisclosed tax and child support arrears and other risk factors warranting Official Assignee oversight; accordingly both were adjudicated bankrupt.
21 Mar 2018
The debtor failed to discharge the onus to show it would be just and equitable to refuse adjudication. The timing and size of the gifts (one and two days after the Family Court hearing) support an inference of intent to frustrate potential judgment and leave assets beyond reach; the Official Assignee must be allowed to investigate possible s205 claims and the debtor did not rebut the presumption of insolvency. Public interest in preventing judgment‑proofing and enabling statutory investigation outweighed the debtor's contention that adjudication would be pointless; accordingly the Court adjud…
17 Jun 2013
The Court found the jurisdictional requirements under ss 13 and 36 were satisfied, s 14 did not prevent adjudication because the securities were over third‑party company property not owned by the guarantor/debtor, evidence established that realisable securities would not satisfy the judgment debt, and no credible settlement existed; discretionary factors under s 37 therefore did not justify refusing adjudication, and the debtor was adjudicated bankrupt.
23 Feb 2012
The Court found the jurisdictional requirements under Insolvency Act ss13 and 36 were met and the debtor failed to establish grounds under s37 to refuse adjudication: the debt is admitted and unpaid, the debtor is again trustee of the liable trust, disclosure is incomplete, and the trading of assets and speculative funding justify Official Assignee supervision. Consequently the Court adjourned to allow the debtor to pay the undertaken sums but indicated that, absent payment, adjudication would likely be made on 19 March 2012.
22 Nov 2010
Jurisdictional requirements under ss13 and 36 were satisfied; balancing discretionary factors under s37, the debtor failed to demonstrate that adjudication should be refused: the very large deficiency arising from debtor's control of risky property development, the public interest in exposing and supervising insolvent operators, the insufficiency of proposals and lack of oppressive conduct by the creditor compelled the court to adjudicate the debtor bankrupt.