In Kafka’s novel The Trial, Josef K is forced to defend himself against an authoritarian regime with no knowledge of the allegations he faces. A far cry from our liberal democracy, where those appearing before a judge must be told.
Facing a High Court bankruptcy hearing, Fiona Tugaga argued, unsuccessfully, that the hearing could not go ahead because she had not been given prior notice.
The High Court did not believe her story that she was not the person served with court papers.
The bankruptcy application was brought by former tenant Rob Makele, enforcing a $21,200 Tenancy Tribunal order.
Evidence was given that Mr Makele’s process server handed a bankruptcy notice to a woman at Ms Tugaga’s home in August 2024. These Insolvency Act notices are precursors to bankruptcy applications. Bankruptcy follows if the claimed debt is not paid.
Four months later, the same process server served formal notice of a scheduled bankruptcy hearing on the same woman at the same address.
He said in evidence that on each occasion the woman receiving the documents acknowledged that her name was Fiona Tugaga.
The process server pointed to Ms Tugaga in court, saying this was the person served on each occasion.
Ms Tugaga said that at both times she was at her sister’s place. The process server must have been speaking to her gardener, she claimed. She had never seen the documents, Ms Tugaga said.
She produced eftpos receipts indicating she was with her sister or shopping each time the process server was at her place.
Associate Judge Cogswell questioned credibility of the eftpos evidence; the receipts produced were from two separate eftpos cards, neither being a card owned by Ms Tugaga.
He questioned why Ms Tugaga’s sister was not called to give evidence of their supposed meetings.
Judge Cogswell ruled the bankruptcy papers validly served.
A bankruptcy hearing was timetabled for five weeks later.
Such hearings are vacated if the debt is paid.
Makele v. Tugaga – High Court (9.04.25)
25.104