Re On, W.C.O. [1985] FCA 290

Re On, W.C.O. [1985] FCA 290

Section 50(1) authorised the appointment of a receiver of Mr. Choi's property, the evidence showed the order was necessary in the interests of creditors, the summonses reflected the terms and purposes of s.50(2), and the incorrect use of the Registrar's stamp rather than the Federal Court seal was only a formal defect or irregularity causing no injustice; therefore the applications to set aside the orders and summonses were dismissed.

Jurisdiction
Australia
Judgment Date
24 June 1985
Procedural Posture
Bankruptcy Proceeding Under S.50 of the Bankruptcy Act 1966 / Applications to Dissolve or Set Aside Ex Parte Orders Appointing a Receiver and Issuing Summonses for Examination
Outcome
Applications dismissed, costs reserved.
Legal Topics
['appointment of Receiver Before Sequestration' 'summons for Examination' 'formal Defect or Irregularity' 'court Seal']
['bankruptcy'] ['appointment of Receiver Before Sequestration' 'summons for Examination' 'formal Defect or Irregularity' 'court Seal']

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Procedural Posture

Bankruptcy Proceeding Under S.50 of the Bankruptcy Act 1966 / Applications to Dissolve or Set Aside Ex Parte Orders Appointing a Receiver and Issuing Summonses for Examination

Legal Issues

  1. 1 ["Whether s.50(1) of the Bankruptcy Act 1966 authorises appointment of a receiver of the debtor's property" 'Whether it was shown to be necessary in the interests of creditors to make an order under s.50' 'Whether the order and summonses under s.50(2) were defective because the grounds were not set out in the application or affidavit' 'Whether the summonses were too wide and oppressive' "Whether summonses under s.50 should be sealed on behalf of the Federal Court of Australia rather than with the Registrar's stamp, and the consequence of using the wrong seal"]

Ratio Decidendi

Section 50(1) authorised the appointment of a receiver of Mr. Choi's property, the evidence showed the order was necessary in the interests of creditors, the summonses reflected the terms and purposes of s.50(2), and the incorrect use of the Registrar's stamp rather than the Federal Court seal was only a formal defect or irregularity causing no injustice; therefore the applications to set aside the orders and summonses were dismissed.

Court Disposition

Applications dismissed, costs reserved.

Orders

  • ["The applications of William Choi On On to dissolve or set aside the order appointing John William O'Brien as receiver, to set aside the order to summon him for examination, and to set aside the summons, be each dismissed, costs to be reserved." 'The applications of Ping-Ju Choi Ng be dismissed, costs to be...