23 Dec 2013
The Official Assignee failed to establish, on the evidence, the essential matters (control of entities and retention of beneficial assets) necessary to justify extension; circumstantial inferences were displaced by direct witness evidence; no unmanageable risk to the business community was proved; therefore immediate discharge was ordered and further extension was unjustified.
24 Jul 2013
The Official Assignee proved it was not in the public interest to discharge Nielsen: he demonstrated continued commercial irresponsibility, failure to comply adequately with bankruptcy duties and disclosure, continuing involvement and control of business and trust assets during bankruptcy, and posed a real risk of further creditor loss; conditions would be inadequate protection, therefore bankruptcy was lawfully extended until at least 23 November 2015.
27 Sept 2012
The Associate Judge did not err in exercising the broad statutory discretion under ss 110 and 111 of the Insolvency Act 1967; given the appellant's successive bankruptcies, convictions for dishonesty, misuse of company and trust structures and continuing conduct during bankruptcy, a three year extension and three year post-discharge prohibition on engaging in business were proportionate and necessary to protect creditors and the commercial community and were within the judge's discretion.