Grant David Johns appeals $34k judgement in Gympie court

An embattled builder is fighting a judgement against him over debts owed to companies in the midst of a liquidation and other financial strife.

Former Gympie builder Grant David Johns, who was the director of Corbet Johns Builders, is fighting to overturn a $34,000 judgement incurred as part of a wider battle over debts owed to companies in the midst of liquidation battles and financial strife.

A Gympie builder is battling to overturn a $34,000 judgement against him for outstanding debts as part of a wider battle over the enforced bankruptcy of his estate.

Grant David Johns is appealing against a Gympie Magistrates Court judgment from June 2022 which ordered the outstanding debt, plus interests and costs, be paid to Marmalade Australia Pty Ltd.

Mr Johns, the former owner of Corbet Johns Builders, has been embroiled in legal battles with the Newstead-based company since mid-2022.

The lodged appeal documents reveal Marmalade Australia was allegedly owed debts by two Gympie companies: $24,592 from Matrix Truss Co Pty Ltd, and $7931.65 from Kabaro Kitchens Sunshine Coast Pty Ltd.

The documents say the two companies entered supplier agreements with Marmalade Australia in July 2021.

ASIC records show Mr Johns is the only member and shareholder of Kabaro Kitchens.

His former business, Corbet Johns Builders, was one of two shareholders of Matrix Truss Co.

Grant David Johns, the former director of Corbet Johns Builders, is appealing the June 6, 2022 default judgement by Gympie Magistrates Court, saying he was unaware of the action against him at the time, had paid one of the outstanding debts alleged against him and had never received goods or services for the other.

ASIC records show Matrix Truss Co was put into liquidation in July 2023 by order of the court following an application by the deputy commissioner of taxation.

Kabaro Kitchens is subject to an ongoing strike-off action against it.

No details of this action are publicly available.

The court documents, lodged bu Mr Johns, say in the three months following this agreement the two companies issued several invoices against Mr Johns.

Federal court records show Marmalade Australia took action against Mr Johns under the Bankruptcy Act in November 2022 over these alleged debts.

ASIC records show Grant David Johns as the sole shareholder for Kabaro Kitchens Sunshine Coast, and his former business Corbet Johns Builders is one of two shareholders of Matrix Truss Co. Mr Johns says in his Magistrates Court appeal he has paid invoices owed to these two companies, and says any claim with Marmalade Australia remains between the companies and not with him personally.

In December, the federal court ordered Mr Johns’ estate be sequestrated under the Act and $7986.03 in costs paid out from it.

Mr Johns has ow challenged this through Gympie Magistrates Court, seeking to reverse the creditor’s action by having the instigating June 2022 judgement overturned on appeal.

Documents lodged by Mr Johns with the city’s Magistrate Court reveal he is seeking to overturn the judgement on grounds he was unaware of the action at the time, and that he had already paid the allegedly outstanding debts to his two companies.

There was no personal guarantee between himself and Marmalade Australia, he says, and any claim remains between it and the two Gympie businesses.

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Grant David Johns and Marmalade Australia Pty Ltd have been engaged in their legal battle over the alleged debts owed to Gympie businesses Matrix Truss Co Pty Ltd and Kabaro Kitchens Sunshine Coast Pty Ltd since mid 2022.

The debts included $24,592 allegedly owed to Matrix Truss Co and $7931.65 alleged owed to Kabaro Kitchens, each dated July 19, 2021.

Mr Johns claims the amount owed to Matrix Truss was paid out between August 2021 and May 2022.

He says no goods were ever received from Kabaro Kitchen and he “simply disputes” owing them any money at all.

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He further “cannot recall at the time being made aware of the … claim” and has “suffered a default summary judgement by a registrar without the opportunity to defend”.

This judgement then formed the “sole basis” of the creditor’s petition underway in the Federal Court.

No date is set for when the matter will resume in the Magistrates Court, while it is scheduled to return to the Federal Court on October 9.

Originally published as Grant David Johns appeals $34k judgement in Gympie court