New details in Gympie builder Grant David Johns’ bankruptcy fight

Thumb prints in red ink, demands of millions of dollars in compensation and a court registrar referred to as a “living man” form part of a puzzle that revolves around the fallen fortunes of a once successful businessman.

A “self-serving” claim for $3 million compensation and “ill-conceived” court filings were among the documents which prompted the dismissal of a former builder’s appeal over a $34,000 debt ruling.

A bizarre claim for $3 million compensation and “ill-conceived” court filings were among the documents which prompted the dismissal of a former Gympie builder’s appeal over a $34,000 debt ruling.

The new details were revealed in Judge Glen Cash’s published reasons, released on Wednesday, November 29, 12 days after he refused the appeal by Grant David Johns at Gympie District Court.

Mr Johns, a former co-owner of Corbet Johns Builders, has been fighting to overturn a bankruptcy claim against him made by Marmalade Australia.

The company claims Mr Johns, as director of the companies Matrix Truss Co and Kabaro Kitchens, owed them more than $32,000.

Marmalade Australia took action against him in the federal court in mid-2022.

In July 2022, the company won a default judgement over the debt in Gympie Magistrates Court against Mr Johns, and in December 2022, a sequestration order was placed on his property.

Mr Johns’ appealed the default judgement, but did not show up for its hearing at Gympie District Court on Friday, November 17.

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Grant David Johns did not show up for his scheduled appeal hearing at Gympie District Court on November 17, 2023. His appeal was dismissed in his absence.

This left Judge Cash to hear the matter with a representative for Marmalade Australia appearing by phone.

Judge Cash refused Mr Johns’ appeal and his request for an extension of time at the end of the hearing, noting at the hearing Mr John’s filings were “misguided and unhelpful”.

The published reasons say the filings included one on November 7, addressed to “the living man/woman acting as ‘registrar’ at the magistrates court.

This document was stamped with a notation “the People’s Court of Terra Australis” and accompanied by thumb prints in red ink, Judge Cash says.

Another “sizeable bundle” of documents was also sent to the Gympie court registry, including one headed “endorsed orders”, which Judge Cash said appeared to be “an astonishingly self-serving and unilateral resolution”.

It included a claim for $3 million compensation “to be paid by an employee of the (federal court) … into (an account in Mr Johns’ name) … with immediate effect”.

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Judge Glen Cash told a Gympie court Grant David Johns’ had submitted a “sizeable bundle” of documents to the Gympie courts registry that were “not … any assistance” in resolving his matters.

Judge Cash said the documents were “not … any assistance” in resolving Mr John’s claims, despite there being unresolved legal questions which were pertinent to the case.

He noted while Mr Johns had been identified as the director of the companies, Matrix Truss Co and Kabaro Kitchens, “it was not pleaded how (Mr Johns) … was contended to be personally liable” for the debts.

Other “deficiencies” in the electronically filed request on behalf of Marmalade Australia existed too.

These included a lack of a signature by the solicitor on the request, and a seemingly missing copy of an affidavit of service in either the paper copy or electronic records of the filing.

Questions remained about an unsworn affidavit from a resident of Newstead, Brisbane, being affirmed at Surry Hill, Sydney.

Judge Cash said the issues were not for the District Court to determine as Mr Johns had made his own filings instead of under the Uniform Civil Procedure Rules.

The case will return to the Federal Court on December 18, 2023.

Originally published as New details in Gympie builder Grant David Johns’ bankruptcy fight