Re: Hutton; Ex Parte: Boral Montoro Pty Ltd [1996] FCA 1206

Re: Hutton; Ex Parte: Boral Montoro Pty Ltd [1996] FCA 1206

The debtor committed the act of bankruptcy alleged, the formal requirements under s 52(1) have been satisfied, and a sequestration order is appropriate; the prior filed consent of Mr Worrell is sufficient for appointment as trustee unless he withdraws within seven days, as there is no particularised or substantiated conflict or impropriety shown.

Parties
Debtor: Peter Hutton; Creditor (original/ex Parte): Boral Montoro Pty Ltd; Substituted Creditor: Metal Line Industries Pty Ltd; Registered Trustee (proposed): Ivor Worrell; Registered Trustee (proposed by Debtor): David Clout
Jurisdiction
Australia
Judgment Date
15 April 1996
Procedural Posture
Bankruptcy / Hearing of Creditor's Petition and Appointment of Trustee
Outcome
Sequestration order made against the estate of the debtor.
Legal Topics
Act of Bankruptcy, Sequestration Order, Appointment of Trustee
Bankruptcy Act of Bankruptcy Sequestration Order Appointment of Trustee

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Parties

Peter Hutton

Debtor

Boral Montoro Pty Ltd

Creditor (original/ex Parte)

Metal Line Industries Pty Ltd

Substituted Creditor

Ivor Worrell

Registered Trustee (proposed)

David Clout

Registered Trustee (proposed by Debtor)

Procedural Posture

Bankruptcy / Hearing of Creditor's Petition and Appointment of Trustee

Legal Issues

  1. 1 Whether debtor committed the act of bankruptcy alleged in the petition
  2. 2 Whether a sequestration order should be made against the estate of the debtor
  3. 3 Who should be appointed as trustee of the bankrupt estate

Ratio Decidendi

The debtor committed the act of bankruptcy alleged, the formal requirements under s 52(1) have been satisfied, and a sequestration order is appropriate; the prior filed consent of Mr Worrell is sufficient for appointment as trustee unless he withdraws within seven days, as there is no particularised or substantiated conflict or impropriety shown.

Court Disposition

Sequestration order made against the estate of the debtor.

Orders

  • Sequestration order against Peter Hutton's estate.
  • Costs to be taxed and paid according to the Act, including reserved costs.