ABA Australian Bar Association Ltd v Minus (No.3)

ABA Australian Bar Association Ltd (the applicant) sought to set aside a sequestration order previously made against Mr. Minus (the respondent) in his absence. The application was heard by Judge Street.

The central legal issue before the court was whether there was a sufficiently arguable case that the sequestration order ought not to have been made. This required the court to consider the grounds upon which a sequestration order, once made, could be set aside, particularly when the respondent was absent at the time of the original order.

Judge Street dismissed the application, finding that the respondent had not demonstrated a sufficiently arguable case that the sequestration order should not have been made. The court applied the principles governing the setting aside of sequestration orders, focusing on whether the respondent could establish a substantial reason why the order should be rescinded. Without such a demonstration, the existing order would stand.