Re Edelsten, G.W. v. Ex parte Full Point Pty Ltd [1988] FCA 89

Re Edelsten, G.W. v. Ex parte Full Point Pty Ltd [1988] FCA 89

Because the debtor committed the act of bankruptcy alleged in the petition, the other matters required by s.52(1) of the Bankruptcy Act 1966 were proved, and a registered trustee had consented to act, the Court made a sequestration order against the debtor's estate.

Jurisdiction
Australia
Judgment Date
10 March 1988
Procedural Posture
Bankruptcy Creditor's Petition / Reasons for Judgment on Petition for Sequestration Order
Outcome
Sequestration order made against the estate of the debtor.
Legal Topics
["creditor's Petition" 'act of Bankruptcy' 'sequestration Order' 'trustee Consent' 'costs']
['bankruptcy'] ["creditor's Petition" 'act of Bankruptcy' 'sequestration Order' 'trustee Consent' 'costs']

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Procedural Posture

Bankruptcy Creditor's Petition / Reasons for Judgment on Petition for Sequestration Order

Legal Issues

  1. 1 ['Whether the debtor committed the act of bankruptcy alleged in the petition.' 'Whether the matters required to be proved by s.52(1) of the Bankruptcy Act 1966 were proved.' 'Whether a sequestration order should be made against the estate of the debtor.']

Ratio Decidendi

Because the debtor committed the act of bankruptcy alleged in the petition, the other matters required by s.52(1) of the Bankruptcy Act 1966 were proved, and a registered trustee had consented to act, the Court made a sequestration order against the debtor's estate.

Court Disposition

Sequestration order made against the estate of the debtor.

Orders

  • ['A sequestration order is made against the estate of Geoffrey Walter Edelsten.' 'Costs, including reserved costs, are to be taxed and paid according to the Act.' 'A draft of these orders is to be delivered to the Registrar within seven days in accordance with r.124(2).']