Grant David Johns does not appear for appeal hearing at Gympie court

A Gympie builder’s fight against a court order to pay $34,000 to another company has been thrown out in the latest phase of a bankruptcy fight.

Former Gympie builder Grant David Johns’ fight against a court order requiring him to pay $34k allegedly owed to another company has been thrown out in the latest stage of a bankruptcy fight filled with “curious” and “misguided” filings.

A Gympie builder’s battle against a bankruptcy order against him has taken a new turn after he failed to appear in court to pursue his own appeal.

Grant David Johns, a former co-owner of Corbet Johns Builders, has been embroiled in a legal fight against Marmalade Australia over more than $34,000 it claims he owes.

Mr Johns has disputed the claim, saying the money had already been paid.

Marmalade Australia took action against Mr Johns over the alleged debt in the federal court in mid-2022.

In December the court ordered Mr Johns’ estate be sequestered following a default ruling against him made at the Gympie Magistrates Court over the debt claims.

Mr Johns appealed the Magistrates Court’s order in July 2023.

His case was finally heard on Friday, November 17, but Mr Johns did not appear.

Grant David Johns did not appear at Gympie District Court on Friday, November 17, 2023, when his appeal against a default judgement made in the magistrates court in 2022 was heard.

Judge Glen Cash said Mr Johns’ absence was “perhaps unsurprising” given he had foreshadowed not appearing earlier in the week.

This left Judge Cash and a lawyer representing Marmalade Australia, appearing by phone, to discuss the matter.

The biggest issue at hand was Mr Johns’ filings with the court.

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Judge Cash said “it may well be” a conclusion these were “misguided and unhelpful” and “a little hard to follow the logic of”.

“It just leads me to wonder why we’re being given all these documents with all of this nonsense in it in relation to assertions which simply cannot be recognised as legally founded assertions … instead of trying to address the actual issues in the matter,” he said.

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Judge Glen Cash set aside Mr Johns’ appeal, and reserved the publication of reasons and the question of costs to a later date.

One such was question whether Mr Johns had personal liability for the debts allegedly owed by two companies he directed, Matrix Truss Co and Kabaro Kitchens.

Marmalade Australia had its own potential concerns with the action, Judge Cash told the court, in particular a curiosity on an affidavit submitted in support of the default judgement in 2022.

“The information that we’ve got here purports that a man who lists his address at Breakfast Creek, Newstead in Brisbane, swore an affidavit at Surrey Hills,” Judge Cash said.

It was “a bit problematic” but there “may be some explanation for it”, he said.

Judge Cash ultimately refused an application by Mr Johns for an extension of time, and set aside the notice of appeal.

He reserved the publication of his reasons, and the question of costs, for a later date.

Originally published as Grant David Johns does not appear for appeal hearing at Gympie court