FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Djunaedi v Mohor (No 2) [2025] FedCFamC2G 1282
File number(s): ADG 75 of 2024 Judgment of: JUDGE BROWN Date of judgment: 11 August 2025 Catchwords: BANKRUPTCY – Creditor’s petition – service of bankruptcy notice – parties have history of convoluted proceedings between each other – relevance of earlier discontinued proceedings against second respondent – exercise of court’s discretion to go behind judgment debt – relevance of counterclaim – extension of petition – overarching principle of civil litigation – relevance of fraud of first respondent – exercise of discretion – matters to be considered Legislation: Acts Interpretation Act 1901 (Cth) s 28A
Bankruptcy Act 1966 (Cth) ss 4, 40, 41, 43, 52, 58, 60, 306, 309
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 5, 190, 254, 256
Bankruptcy Regulations 2021 (Cth) r 102
Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) rr 1.04, 2.02, 3.01, 17.02, 17.05
Enforcement of Judgments Act 1991 (SA)
Cases cited: CLGC Pty Ltd v Zhang [2022] FedCFamC2G 152
Culleton v Balwyn Nominees Pty Ltd [2017] FCAFC 8
Coulls v Bagot’s Executor & Trustee Co Ltd [1967] HCA 3
Deputy Commissioner of Taxation v Bayeh (1999) 100 FCR 144
Djunaedi v Collins [2025] FedCFamC2G 135
Djunaedi v Mohor [2025] FedCFamC2G 216
Dowling v Colonial Mutual Life Assurance Society Limited [1915] 20 CLR 509
Forty Two International Pty Ltd v Barnes [2010] FCA 397
Glew v Harrowell; in the matter of Glew [2003] FCA 373
Guss v Johnstone (2000) 171 ALR 598
Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3
Mbuzi v Favell (No 2) [2012] FCA 311
Ramsay health Care Australia Pty Ltd v Compton (2017)_ 261 CLR 132
Re Gye & Perkes v McInture [1992] FCA 235
Re Svir; Ex Parte Commissioner of Taxation (1998) 83 FCR 314
Springfield Nominees Pty Ltd v Bridgeland Securities Ltd [1992] FCA 720
Wren v Mahoney (1972) 126 CLR 212
Collins & Anor v Djunaedi & Ors [2016] SACCFC 48
Collins & Anor v Djunaedi & Ors (No 2) [2016] SACCFC 63
Djunaedi v Collins DCCIV-15-91
Djunaedi & Ors v Collins & Anor [2015] SADG 120
Djunaedi & Ors v Collins & Anor (No 2) [2022] SADG 132
Harman v Secretary of State for the Home Department [1983] 1 AC 280
Division: Division 2 General Federal Law Number of paragraphs: 294 Date of hearing: 12 May 2025 Place: Adelaide Counsel for the Applicants: Ms Belperio Solicitor for the Applicants: Mr Carpenter, Websters Lawyers Solicitor for the Respondents: Mr Finlayson, Diaspora Legal ORDERS
ADG 75 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: JULIE DJUNAEDI
First Applicant
DEDDY DJUNAEDI
Second Applicant
ANTONIO DEPASQUALE (and others named in the Schedule)
Third Applicant
AND: VERONIKA MOHOR
First Respondent
ROBERT WAYNE…
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- AGLC
- Djunaedi v Mohor (No 2) [2025] FedCFamC2G 1282
- Case
- [2025] FedCFamC2G 1282
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether it should exercise its discretion to go behind a judgment debt and consider the counterclaims and other factors presented by the respondents. The court also needed to assess the relevance of the respondents' conduct, including their failure to comply with court orders and their criminal proceedings, in determining the Petitioning Creditors' entitlement to a bankruptcy order. Additionally, the court had to consider the overarching principles of civil litigation and whether there were any grounds for extending the petition.
The court found that the Petitioning Creditors had a strong case based on the evidence provided, which demonstrated that the respondents had misappropriated funds and breached their obligations. However, the court also considered the respondents' counterclaims and the broader context of the proceedings, including the criminal charges against them. The court exercised its discretion to go behind the judgment debt, taking into account the relevance of the counterclaim and the overarching principles of civil litigation. The court found that the respondents' conduct, including their failure to comply with court orders and the potential fraud involved, was relevant in determining the Petitioning Creditors' entitlement to a bankruptcy order. Ultimately, the court decided in favour of the Petitioning Creditors, granting the bankruptcy order and considering the matters to be addressed in the broader context of the case.
The court ordered that the Petitioning Creditors be granted a bankruptcy order against the respondents, Collins and Mohor. The court also directed that the respondents comply with the orders to file a defence and admit facts in the civil proceedings. The decision reflects the court's consideration of the Petitioning Creditors' claims, the respondents' counterclaims, and the broader context of the case, including the criminal proceedings against the respondents. The outcome ensures that the Petitioning Creditors have the opportunity to pursue their claims effectively, while also considering the respondents' legal and factual defences.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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