ACW v Du Bray (No 2) [2020] FCA 994

FEDERAL COURT OF AUSTRALIA

ACW v Du Bray (No 2) [2020] FCA 994 File number: NSD 430 of 2019

Judge: WIGNEY J

Date of judgment: 16 July 2020

Catchwords: BANKRUPTCY AND INSOLVENCY – creditor's petition for a sequestration order against the respondent debtor – where indebtedness was said to arise from a series of court orders spanning several years of litigation, including orders registering judgments delivered by courts in New Zealand – where respondent debtor opposed the creditor's petition and the making of a sequestration order – where respondent debtor opposed the creditor's petition on the ground that it was not properly verified in accordance with s 47(1) of the Bankruptcy Act 1966 (Cth) – where respondent debtor opposed the creditor's petition on the ground that the Court could not be satisfied that debts were owing – where respondent debtor requested the Court to "go behind" the main judgment ordering costs against him on the ground that he had been debarred from actively participating in the proceeding – where respondent debtor claimed the main judgment was tainted by bias – relevant principles in determining the Court's discretion to "go behind" a judgment to investigate whether a debt is owing – principles of the apprehension of bias – where grounds of opposition were found to have no merit – where creditor's petition was held to have been properly verified as required by s 47(1) of the Bankruptcy Act 1966 (Cth) – where respondent debtor failed to establish any reason for Court to go behind any judgment or court orders – where respondent debtor was found to have not demonstrated any other sufficient cause as to why sequestration order should not be made – where sequestration order met the requirements of s 52 of the Bankruptcy Act 1966 (Cth)