Re Myers, Melvyn Richard ex parte Commonwealth Bank of Australia [1995] FCA 984

Re Myers, Melvyn Richard ex parte Commonwealth Bank of Australia [1995] FCA 984

The application for adjournment was refused because the grounds relied upon by the debtor were established to be legally hopeless and material supporting opposition to the petition could have been obtained earlier. The substantive requirements for a sequestration order under subsection 52(1) of the Act were satisfied.

Jurisdiction
Australia
Judgment Date
07 December 1995
Procedural Posture
Bankruptcy Petition / Hearing of Creditor's Petition; Application for Adjournment; Judgment on Substance of Petition
Outcome
Sequestration order made against the estate of the debtor; debtor's application for adjournment refused.
Legal Topics
['adjournment of Proceedings' 'act of Bankruptcy' 'sequestration Order' 'effect of Instalment Order After Bankruptcy Notice']
['bankruptcy'] ['adjournment of Proceedings' 'act of Bankruptcy' 'sequestration Order' 'effect of Instalment Order After Bankruptcy Notice']

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Procedural Posture

Bankruptcy Petition / Hearing of Creditor's Petition; Application for Adjournment; Judgment on Substance of Petition

Legal Issues

  1. 1 ["Whether an adjournment of the hearing of the creditor's petition should be granted" 'Whether the debtor committed the act of bankruptcy alleged in the petition' 'Legal effect of a local court order for payment by instalments made after bankruptcy notice']

Ratio Decidendi

The application for adjournment was refused because the grounds relied upon by the debtor were established to be legally hopeless and material supporting opposition to the petition could have been obtained earlier. The substantive requirements for a sequestration order under subsection 52(1) of the Act were satisfied.

Court Disposition

Sequestration order made against the estate of the debtor; debtor's application for adjournment refused.

Orders

  • ['Sequestration order against the estate of the debtor.' "Petitioning creditor's costs, including reserved costs if any, to be taxed and paid in accordance with the Act." 'Draft of the order to be delivered to the Registrar within 7 days in accordance with subrule 124(2).']