Re Kordatos, Steve Ex Parte Batounas, Michael Theodosiou [1996] FCA 613

Re Kordatos, Steve Ex Parte Batounas, Michael Theodosiou [1996] FCA 613

The Court was satisfied on the material of the matters required by the Bankruptcy Act 1966 and was not satisfied that the debtor had established solvency or other sufficient cause to decline a sequestration order; therefore the Court was constrained to make the sequestration order.

Jurisdiction
Australia
Judgment Date
15 July 1996
Procedural Posture
Creditor's Petition in Bankruptcy / Hearing of Creditor's Petition for Sequestration Order
Outcome
Creditor's petition granted; sequestration order made against the estate of Steve Kordatos.
Legal Topics
["creditor's Petition" 'sequestration Order' 'proof of Debt' 'solvency' 'costs Orders']
['bankruptcy and Insolvency'] ["creditor's Petition" 'sequestration Order' 'proof of Debt' 'solvency' 'costs Orders']

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Procedural Posture

Creditor's Petition in Bankruptcy / Hearing of Creditor's Petition for Sequestration Order

Legal Issues

  1. 1 ['Whether the Court was satisfied of the matters required by s 52 of the Bankruptcy Act 1966 for making a sequestration order.' 'Whether the debtor had shown that he was able to pay his debts or that other sufficient cause existed for dismissing the petition.']

Ratio Decidendi

The Court was satisfied on the material of the matters required by the Bankruptcy Act 1966 and was not satisfied that the debtor had established solvency or other sufficient cause to decline a sequestration order; therefore the Court was constrained to make the sequestration order.

Court Disposition

Creditor's petition granted; sequestration order made against the estate of Steve Kordatos.

Orders

  • ['A sequestration order is made against the estate of Steve Kordatos.' "The costs of and incidental to the creditor's petition, including any reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966."]