Edge Technology Pty Ltd v Wang [2000] FCA 1586

Edge Technology Pty Ltd v Wang [2000] FCA 1586

The necessary intent of Mr and Mrs Wang to defeat or delay creditors under s40(1)(c) of the Bankruptcy Act 1966 (Cth) was established by their permanent departure from Australia, failure to leave means for communication, and non-responsiveness to creditors. Accordingly, acts of bankruptcy were proved and sequestration orders were warranted.

Jurisdiction
Australia
Judgment Date
08 November 2000
Procedural Posture
Bankruptcy Petition / Final Determination and Orders
Outcome
Sequestration orders made against both respondents. Costs of applicants to be paid out of respondents' estates.
Legal Topics
['act of Bankruptcy' 'departure From Australia With Intent to Defeat or Delay Creditors' 'sequestration Order']
['bankruptcy'] ['act of Bankruptcy' 'departure From Australia With Intent to Defeat or Delay Creditors' 'sequestration Order']

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Procedural Posture

Bankruptcy Petition / Final Determination and Orders

Legal Issues

  1. 1 ['Whether Mr and Mrs Wang committed acts of bankruptcy by departing and remaining out of Australia with intent to defeat or delay creditors under s 40(1)(c) of the Bankruptcy Act 1966 (Cth)' 'Whether sequestration orders should be made against the estates of Mr and Mrs Wang']

Ratio Decidendi

The necessary intent of Mr and Mrs Wang to defeat or delay creditors under s40(1)(c) of the Bankruptcy Act 1966 (Cth) was established by their permanent departure from Australia, failure to leave means for communication, and non-responsiveness to creditors. Accordingly, acts of bankruptcy were proved and sequestration orders were warranted.

Court Disposition

Sequestration orders made against both respondents. Costs of applicants to be paid out of respondents' estates.

Orders

  • ['A Sequestration Order be made in relation to the estate of the First Respondent Mr Jen-Tse Wang.' 'The costs of the Applicants be paid out of the estate of the First Respondent.' 'A Sequestration Order be made in relation to the estate of the Second Respondent Mrs Siu Chui Lai Wang.' 'The costs of the Applicants...