13 Dec 2023
The creditors satisfied the jurisdictional requirements under ss13 and 36; the debtor failed to discharge the onus to show it is just and equitable to refuse adjudication; exercising the court's discretion under s38 the application is halted on terms that the debtor pay $96,432.74 by 5pm 20 December 2023, failing which the halt is lifted and an adjudication order will be made.
14 Mar 2019
The Supreme Court dismissed leave because the seven challenged causes were either not reasonably arguable or constituted abuse of process (including collateral attacks on earlier judgments) and the statutory leave criteria in s 74(2) were not satisfied; the applicant had opportunities to raise the issues in the eligibility proceedings and failed to do so.
11 Oct 2010
The court found the s13 jurisdictional requirements satisfied (debt over $1,000, act of bankruptcy on 3 August 2010, debt certain and payable), rejected debtor's attempts to collateral attack prior judgments and to rely on the one-judgment-only contention, and exercised discretion to adjourn to permit payment of $59,417.00 in cleared funds by 10:00 29 October 2010; failure to pay by that time will result in adjudication of the debtor as bankrupt; costs awarded to creditor on Category 2 Band B (excluding amounts covered by a prior costs order).
20 Oct 2008
The court refused the judgment debtor's interlocutory applications because collateral attacks on prior judgments are not permissible in bankruptcy proceedings absent a properly pleaded and established separate action to set aside the judgments for fraud; cross‑examination and witness summonses for the matters sought were not relevant to the s23/s26 adjudication issues; the court lacked jurisdiction to order production of Court of Appeal audio transcripts; procedural directions for a single indexed casebook and exchange of submissions were ordered and costs reserved.