4 Sept 2019
Application refused because the debtor failed to discharge the onus of proving he did not receive notice and thus lacked opportunity to present cross claims, and failed to establish he had genuine, triable cross claims he intended to pursue that met s 17(7) requirements; no abuse of process shown.
23 Aug 2016
The Court held that a literal construction producing a c.70% rent reduction was absurd and unfair; fair occupation rent requires adjusting the assessed market rent by allowing a credit for the value of chattels provided by the tenant (court-assessed used value $9,000), and awarding occupation rent to the estate in the sum ultimately calculated ($29,613.31).
29 Aug 2013
Summary judgment was dismissed because the defendants have arguable counterclaims and set-offs (undelivered chattels and alleged misappropriation from the No 2 Trust) which, together with accrued interest, may exceed the plaintiff's claimed balance, and there are material factual disputes and credibility issues that require a trial.