14 Feb 2018
The money judgment and associated possession order were set aside because the defendant's liability for the claimed mortgage debt was provable in his bankruptcy and he had been discharged, meaning no enforceable personal debt remained against him; accordingly the money judgment against him and the possession order based on that personal claim were improperly entered and must be rescinded.
25 Jan 2018
On the balance of probabilities the court accepted that Harman gave an oral guarantee in 2005 but that guarantee was unenforceable because it did not comply with the required formalities (no signed note or memorandum and, for post-2008 law, no written signed guarantee under s27); no enforceable guarantee was established in 2008; post-adjudication affidavits by the bankrupt do not bind the Official Assignee; therefore the claimant's debt is not a provable enforceable debt and the Official Assignee's rejection is affirmed.
15 Dec 2015
Rule 15.23 of the High Court Rules applies to s 226 appeals; costs on discontinuance are payable by the appellant. Costs awarded in these circumstances are not provable debts under s 232 because the proceedings were commenced after adjudication; therefore the costs will not be met from property vested in the Official Assignee and the Official Assignee may pursue the appellant for costs after discharge. The appellant's reasons for discontinuance (including lack of legal aid) did not displace the presumption for costs; quantum as assessed was appropriate, including an additional award for the c…