6 May 2009
BRENT DOMINIC HARKIN V THE WELLINGTON COMPANY LIMITED HC AK CIV 2008-488-706
- Citation
- openlaw-97a470da_8a92_4be7_99ae_2e302c6b2b38.pdf
- Court
- High Court
Debtor had committed an available act of bankruptcy by failing to pay the judgment debt; there was no reliable evidence he could repay within a reasonable time and his conduct (knowing of misappropriation yet consenting to further drawdown and personally guaranteeing advances) did not justify the exercise of the residual discretion to refuse adjudication; accordingly the application to stay or refuse adjudication was dismissed and adjudication proceedings were ordered to proceed.