BANKRUPTCY – creditor’s petition against respondent following non-compliance with bankruptcy notice founded on judgment debt – challenge to bankruptcy notice previously unsuccessful – where respondent sought adjournment of petition based on cross claim for tortious conspiracy – substantive factual and legal claims the subject of alleged conspiracy proceeding dismissed in earlier Supreme Court trial brought by the respondent – appeal from trial orders dismissed – where respondent did not seek to rely on ‘other sufficient cause’ under s 52(2)(b) of the Bankruptcy Act 1966 (Cth) but sought adjournment in exercise of general power to adjourn under s 33(1) of Bankruptcy Act – matters relevant to exercise of discretion – whether cross claim has insufficient merit to justify adjournment – sequestration order made
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0657
For more information, see the original judgement.
