Nottingham bankruptcy judgment online

Further to Dermot Nottingham adjudicated bankrupt – for anyone who is interested, the full judgment is now available online:

I’m named a few times but just as one of a number of creditors owed about quarter of a million dollars in court awarded costs, and who opposed a badly flawed proposal to avoid bankruptcy.

Some key sections:

[28] In my judgment, Mr and Mrs Honey and Mr Taka have established that Mr Whitley was wrong to have accepted the claims of the general creditors and allowed them to vote. I propose to allow the appeal and overturn his decision.

Mr Nottingham’s application for approval of his proposal

[29] The effect of overturning Mr Whitley’s decision to accept the claims of all creditors who voted in favour of the proposal entirely undermines the vote in favour of the proposal at the meeting. It means that 100 per cent of those creditors eligible to vote voted against the proposal. In those circumstances, there is no question of approving the proposal.

[30] I propose to decline Mr Nottingham’s application.

And:

[41] There is nothing in any of the arguments which Mr Nottingham advanced in opposition to the application of Mr and Mrs Honey and Mr Taka which persuades me that I should exercise my discretion by declining to make an order adjudicating him bankrupt.

[42] On the contrary, as Mr Grove submitted, there is, in this case, a significant public interest in making such an order.

[43] Mr Nottingham has a demonstrated history of commencing private prosecutions against individuals in which he has thus far been entirely unsuccessful.

[44] Unquestionably these apparently groundless prosecutions have wreaked havoc with the lives of those wrongly accused of criminal activity. In my view, if Mr Nottingham’s bankruptcy puts an end to this practice on his part, then that is a public good.

[45] Furthermore, as Mr Grove also submits, whilst there may be some room for doubt as to whether all of those persons who claim to be creditors of Mr Nottingham and who filed the claims in the context of his proposal that I have overturned are all bone fide creditors, if they are, it would seem that Mr Nottingham’s creditors have paid to him something in the order of $2 million (in cash or value) over recent years and yet he claims to be penniless. In my view, there is a public interest in Mr Nottingham being bankrupted so that the Official Assignee can investigate his affairs to establish whether all of these claims are legitimate and if so what has happened to the $2 million which Mr Nottingham has received but claims no longer to have available to him

 

6 Comments

  1. Kitty Catkin

     /  October 2, 2018

    I had missed it that he did private prosecutions for non-existent crimes. What a pestilential fool the man is. Why was he not made a nuisance litigator (or whatever the proper term is; you know what I mean) ?

    It’s bitten him on the bum well and truly.

    I’d wish that he was inside if it didn’t mean that his victims were paying for this as well .

    • Gezza

       /  October 2, 2018

      “Vexatious litigant” might be the legal term you were thinking of.

  2. Tipene

     /  October 2, 2018

    I’m not clear how you were a creditor of this guy Pete?

  3. david in aus

     /  October 2, 2018

    Schadenfreude