6 Aug 2020
Casata satisfied the statutory prerequisites for bankruptcy under s11 and s13; after weighing the debtor's arguments (delay, health, alleged unfairness, promise by creditor) the Court found those factors insufficient to justify refusing to exercise its discretion and ordered the debtor adjudicated bankrupt effective 14 August 2020 at 4:00 pm unless full judgment and interest paid by that time.
14 Sept 2017
The Reekie principles were properly applied by the lower court and are sufficiently broad to encompass an appeal challenging a bankruptcy order; no adaptation was required, the case did not raise a matter of public or general importance nor an appearance of miscarriage of justice, therefore leave to appeal is refused though an extension of time is granted.
30 Aug 2012
Jurisdictional requirements of ss13 and 36 were satisfied and, applying the discretionary factors in s37 and relevant authorities, the court held the public interest and need to protect and investigate the debtor's assets outweighed the debtor's request for a 30 day adjournment to propose a lump sum arrangement; adjudication was therefore appropriate.
22 Jul 2011
The Court refused a stay and adjudicated the debtor bankrupt because there was no effective appeal against the underlying District Court judgment, the debtor's asserted set-off/counterclaim was imprecise and unparticularised, the debtor was found not solvent, and allowing delay would prejudice creditors.