23 Sept 2009
DIXON V BROOKFIELDS LAWYERS HC HAM CIV 2008-419-001283
- Citation
- openlaw-4fb9df28_4d4c_4a00_8163_4bd61edf2f9a.pdf
- Court
- High Court
Amendment of the substituted creditor's application under s418 was permitted because no prejudice to the debtor was shown; the substituted creditor must comply with s13(b) if relying on a different act of bankruptcy; jurisdictional requirements were met and, in the exercise of the Court's discretion under s37, the matter was adjourned for one month to allow the debtor to authorise payment of funds to satisfy the debts, with the hearing to resume if payments are not made.