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The High Court has dismissed an application by a debtor seeking either a plenary hearing or permission to cross-examine witnesses regarding a bankruptcy petition filed against him. Although he had not contested the bankruptcy summons, the debtor contested the amount claimed by the petitioning creditor, asserting that he did not owe the sum sought or that his assets exceeded his liabilities. The court determined that the debtor did not need an oral hearing to resolve the issues prior to the petition hearing and must simply convince the court at the petition hearing that there is a real and substantial issue regarding compliance with the statutory debt requirement. The petition is scheduled for a mention in the bankruptcy list to determine further proceedings.
Bankruptcy petition, plenary hearing, cross-examination, debtor, creditor, Bankruptcy Act 1988, National Asset Management Agency Act 2009, estoppel, act of bankruptcy, adjudication, compliance with statutory debt requirement, real and substantial issue, affidavit evidence, insolvency proceedings.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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