21 Jul 2011
Application dismissed because applicant failed to establish any procedural defect, abuse of process or material fact absent from the adjudication; he had statutory opportunities to satisfy the debt and did not do so; adjudication followed proper contested proceedings and therefore s 309(1)(a) was not made out.
16 Dec 2009
The applicant failed to rebut the process servers' affidavits of personal service so s.309(1)(a) is not made out; debts were not fully paid so s.309(1)(b) is not available; however there has been a substantial change in the applicant's financial circumstances since adjudication because sufficient funds and arrangements exist to pay all debts and the Official Assignee's costs and disbursements, therefore annulment under s.309(1)(c) is justified, conditional on confirmation of payment or arrangements before sealing the order.
26 Nov 2009
Applicant failed to show that he should not have been adjudicated bankrupt under s.309(1)(a); known liabilities exceeded assets, the applicant was unable to pay debts as they fell due and had committed an available act of bankruptcy, so the adjudication dated 1 October 2009 was properly made and annulment was not warranted.
27 Aug 2009
Applicant failed to demonstrate that his asserted mental illness was a material fact that, if disclosed, would have prevented adjudication; verified asset valuations and the magnitude of the tax debt established insolvency; therefore s309(1)(a) not satisfied and annulment dismissed.