14 Jul 2021
The court exercised its discretion under ss 36 and 37 to adjudicate DeMarco bankrupt because the s 13 requirements were satisfied, the debtor failed to comply with bankruptcy notices, the appeal was abandoned and lacked bona fides and merit, the debtor failed to disclose financial evidence of solvency, and halting would unjustly prejudice the judgment creditors.
23 Apr 2021
Court awarded the principal debt and compounded interest from the date of the final outstanding invoice to judgment at the agreed 1.5% per month, applied the Interest on Money Claims Act for post-judgment interest to the date in the memorandum, and reduced the claimed costs to exclude GST in accordance with authority, awarding $84,129.38 in costs.
26 Mar 2021
The adjudication was ordered because the sealed costs judgment remained in force (no appeal filed), the debtor had no valid defence to the debt, procedural irregularity alleged (District Court stamp) was immaterial, and payments to the late mother's vehicle did not create a security interest enforceable by the debtor; the debtor also declined to pay, warranting adjudication under the Insolvency Act 2006.
27 May 2020
The stay application was declined because the applicants failed to provide security, escrow, undertakings or adequate disclosure of their financial position despite concurrent adverse findings in the High Court and Court of Appeal and evidence of worsening capacity to meet the debt; the balance of convenience and established principle that money judgments are stayed only on security favoured the respondent.
8 Apr 2013
The plaintiff established its claim by statement of claim and supporting affidavits, the proceedings were duly served, the defendants filed no opposition or defence and did not appear; consequently summary judgment was properly entered for the plaintiff against each defendant for the amounts claimed, with interest continuing to accrue and costs and disbursements awarded as specified.
11 Sept 2012
The Environment Court costs order constituted a final judgment debt and the creditor complied with the bankruptcy notice procedure; the debtor failed to comply with the bankruptcy notice and provided no admissible evidence to rebut the presumption of insolvency; s 418 does not invalidate the proceeding and any alleged procedural defects were either immaterial or remediable; no discretionary ground under s 37 justified refusal to adjudicate; adjudication of the debtor as bankrupt was therefore warranted.
2 Jul 2012
The Court granted a short adjournment because the applicant's request was reasonable, the adjournment would not prejudice the judgment creditor, and the judgment debtor was not incurring further debt; the matter was to be finally disposed at the next call on 16 July 2012.
16 Dec 2011
Because the judgment creditor produced the underlying judgment and a solicitor's certificate showing an unpaid debt of $34,103.46, there was an act of bankruptcy and no jurisdictional impediment; therefore the court must and did adjudicate the debtor bankrupt.
7 Jun 2011
On the balance of probabilities the plaintiff proved specific advances as identified in the judgment; judgment was entered for the plaintiff against specified defendants for the stated sums with specified pre‑judgment interest rates from the dates of advances and post‑judgment interest at the prescribed rate; increased or indemnity costs were declined and costs awarded on a 2B basis against the first defendant for claims where liability was found.
19 May 2009
The appeal was allowed because the appellant demonstrated entitlement to judgments on the five causes of action for the specified sums; consequentially the Court entered judgment for those amounts, awarded costs to the appellant in the High Court on a 2B basis and in this Court on a Category A basis with usual disbursements, and ordered contractual interest to accrue from the date of judgment to payment at the rates set out in the relevant security documents.