Jonathan Hohl represented the first respondent, instructed by Corrs Chambers Westgarth.
The applicant, an undischarged bankrupt, filed an originating application seeking to impugn a judgment of the Supreme Court entered against his wife and himself in 2017. The applicant later filed and served a statement of claim, which differed significantly from the relief sought in the originating application. Subsequently, the respondents filed an application for the originating application to be set aside, with the statement of claim struck out.
The Court considered whether the applicant had standing to bring the claim, and whether the claim had merit. It was concluded that the applicant did not have standing, and that on the merits, the fraud allegations advanced lacked strict proof, with the claim pursuant to r 668 of the Uniform Civil Procedure Rules 1999 (Qld) satisfying neither limb.
The Court ordered that the originating application be set aside, with the applicant to pay the respondents’ costs of the proceeding.
The judgment can be read by clicking here
