21 Feb 2013
UNIVERSITY OF TASMANIA V ZHANG HC HAM CIV-2012-419-894
- Citation
- openlaw-fa38f659_34e1_44f7_9af5_21f230d63397.pdf
- Court
- High Court
The court held that the jurisdictional requirements of s13 were satisfied because the New Zealand registered judgment fixed a certain debt ($121,964.11) and the debtor failed to comply with a bankruptcy notice; the asserted unlitigated counterclaim (~$20,000) was insufficient to render the debt uncertain or to outweigh public interest considerations; on balance of factors under s37 (debtor's inability to pay, insufficient demonstrable assets, risk to unsecured creditors and the public interest) the discretion to refuse adjudication was not exercised and the debtor was adjudicated bankrupt.