Ghosh v Miller (No 2)

In the matter of Ghosh v Miller (No 2), the Federal Circuit Court was called upon to determine whether to dismiss the appeal brought by Dr Ghosh against a sequestration order made in favour of Mr Miller. The appeal presented several issues, including whether the primary judge failed to appropriately consider an available set-off, and whether Dr Ghosh was solvent at the time the sequestration order was made. The court dismissed the appeal and ordered that the respondent's costs of and incidental to the appeal be taxed and paid from the appellant's bankrupt estate. The reasoning behind the court's decision was based on the fact that the requirements of s 40(1)(g) were satisfied at the time Baycorp's bankruptcy notice was issued and the act of bankruptcy occurred. Additionally, Dr Ghosh had not provided sufficient evidence to demonstrate that she was solvent at the time the petition was heard. The court found that the primary judge did not err in their decision, and therefore the appeal was dismissed.