Re Heufel, Joan Ex Parte Page, Peter [1980] FCA 60

Re Heufel, Joan Ex Parte Page, Peter [1980] FCA 60

The evidence and objective contemporaneous records support the conclusion that the debt was real, the sequestration order was properly made, and the applicant did not discharge the onus to satisfy the court that the order ought not have been made.

Parties
Debtor: Joan Heufel; Creditor: Peter Page
Jurisdiction
Australia
Judgment Date
07 May 1980
Procedural Posture
Application for Annulment of Bankruptcy / Judgment
Outcome
Application dismissed
Legal Topics
Annulment of Bankruptcy, Sequestration Order, Creditors' Claims, Solvency
Insolvency Bankruptcy Annulment of Bankruptcy Sequestration Order Creditors' Claims Solvency

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Parties

Joan Heufel

Debtor

Peter Page

Creditor

Procedural Posture

Application for Annulment of Bankruptcy / Judgment

Legal Issues

  1. 1 Whether the sequestration order ought not to have been made pursuant to section 154(1) of the Bankruptcy Act
  2. 2 Whether the bankrupt was solvent when the order was made
  3. 3 Whether the debt claimed was real and due

Ratio Decidendi

The evidence and objective contemporaneous records support the conclusion that the debt was real, the sequestration order was properly made, and the applicant did not discharge the onus to satisfy the court that the order ought not have been made.

Court Disposition

Application dismissed

Orders

  • The application be dismissed
  • The bankrupt pay the costs of the petitioning creditor of this application except the costs of the hearing before Riley J. on 14 June 1978