21 Oct 2016
The court concluded the s 13 requirements were met, there was no acceptable evidential challenge to the debt or GST assessments, prior hardship applications had been declined with no review, and there was insufficient evidence that the debtor could pay or that refusal would be just and equitable under s 37; therefore adjudication was ordered.
19 Sept 2011
The Court exercised its discretion under s37 Insolvency Act 2006 and refused adjudication because the debtor had been misled and deceived by her former husband and by assurances from a solicitor, had minimal assets and irregular income, and bankruptcy would serve no practical useful purpose nor was it required in the public interest; accordingly the creditor's application was dismissed.
2 Aug 2011
The requirements of s13 were satisfied: the District Court judgment for $652,863.25 constituted a certain, immediately payable debt in excess of $1,000 and the debtor committed an act of bankruptcy by failing to comply with the Bankruptcy Notice; the debtor's arguments (service irregularity and that the judgment is a bill of exchange) were rejected and no evidence showed ability to pay or other sufficient cause under s37, therefore the court adjudicated the debtor bankrupt.