29 Jan 2013
DARBY V OFFICIAL ASSIGNEE HC AK CIV-2007-404-3034
- Citation
- openlaw-34000105_c2df_4e93_ad3b_a4ed7f65c5f6.pdf
- Court
- High Court
The Official Assignee met the onus to show that the applicant's sustained and deliberate post-adjudication misconduct — including carrying on and managing businesses while undischarged, using aliases and fronts, disobeying court orders (Anton Piller), lack of cooperation with receivers and evidence of asset diversion and lack of remorse — created an unacceptable risk to the public and warranted extending the period before discharge; delays by the Official Assignee were not prejudicial. Accordingly the court exercised its s110(1)(c) discretion to defer discharge until 14 February 2014 (six yea…