16 Dec 2009
M DUNLOP V THE OFFICIAL ASSIGNEE HC WN CIV-2009-485-1165
- Citation
- openlaw-f2f8715d_090b_4af8_8642_a51a7331cae3.pdf
- Court
- High Court
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.