25 May 2017
The creditor held an unappealed District Court judgment that remained unpaid after service of a bankruptcy notice and the debtor failed to produce credible evidence of solvency or equitable grounds to justify delay; accordingly the Court exercised its discretion to adjudicate the debtor bankrupt.
3 Nov 2010
The Supreme Court dismissed leave because the lower courts had reasonably and fairly appraised the factual circumstances, the refusal of adjournment and consequent hearing in absence were not in context sufficiently egregious to amount to a fatal breach of natural justice, and there was no question of general principle or appearance of miscarriage warranting further appeal.
25 Mar 2010
The appellant had prolonged, unexplained delays in providing security for costs and pursuing legal aid alternatives; there was no satisfactory explanation for why contingency of legal aid refusal was not addressed or alternative security arranged; under r 43 the appeal is to be treated as abandoned where not pursued, therefore the application for adjournment was declined and the appeal treated as abandoned.
23 Aug 2007
The plaintiff's prolonged and serious procedural breaches, refusal to accept a late Calderbank offer and consequent unnecessary costs constituted exceptional circumstances under s40(2), but the aided plaintiff's proven impecuniosity required tempering the award to a modest sum; accordingly the plaintiff was ordered to pay $3,000 to defendants and no disbursements, with a certificate that absent s40 a higher category 2B costs would have been awarded.
9 Feb 2007
The Court struck out the claim for monetary compensation as legally untenable because judicial officers are immune absent bad faith or gross negligence and the Executive cannot be made liable in their stead; the amended statement of claim otherwise disclosed arguable grounds for judicial review of the refusals to grant adjournments and was permitted to proceed to substantive hearing.