In this bankruptcy matter, Pioneer Credit Acquisition Services Pty Ltd sought a sequestration order against the respondent, Brett John Hayes, concerning a credit card debt originally owed to the Commonwealth Bank of Australia. The creditor’s petition was heard on 31 October 2018. Opposing sequestration, the respondent argued that the petitioning creditor had acted in a way which was impermissible, fraudulent or unlawful. He also argued that the Court should go behind the underlying judgment and conclude that there was not in truth or reality a debt owed to the petitioning creditor. Egan J observed that some of the respondent’s allegations were ‘scandalous’. His Honour concluded that the respondent’s challenge to the underlying judgment was baseless, found that an act of bankruptcy occurred on 21 August 2015 and made a sequestration order.
Anthony Messina appeared for the application, instructed by Sphere Legal.
The judgment can be found here.