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.
12 Nov 2013
Although jurisdictional requirements for adjudication were met, the Court must exercise discretion under s 37; the debtor failed to discharge the onus to show it would be just and equitable or otherwise sufficient to refuse adjudication because (i) there is a real prospect of shortfall from receivership realisations, (ii) the timing and terms of the s 21 relationship property agreement raise legitimate suspicion of defeating creditors, and (iii) the debtor failed to cooperate with receivers; accordingly adjudication was appropriate so the Assignee can investigate and administer the estate.
30 Sept 2010
The debtor's opposition to the bankruptcy notice was dismissed because he failed to establish a triable cross-claim of true substance which he could not have raised in the original District Court proceedings; accordingly no act of bankruptcy had been suspended by a valid set-aside application and the creditor's adjudication application was premature and dismissed.