Re Pashkoff, Michael Charlton Ex Parte Westpac Banking Corporation [1996] FCA 956

Re Pashkoff, Michael Charlton Ex Parte Westpac Banking Corporation [1996] FCA 956

The Court was satisfied as to the matters referred to in s52(1) of the Bankruptcy Act 1966, the bankruptcy notice had not been satisfied, an act of bankruptcy had been committed, and Pashkoff produced no credible evidence that he could pay the Westpac debt or otherwise pay his debts, nor any sufficient cause not to make a sequestration order. A further adjournment was not justified.

Jurisdiction
Australia
Judgment Date
07 November 1996
Procedural Posture
Creditor's Petition for Sequestration Order / Ex Tempore Reasons for Judgment
Outcome
Sequestration order made; petitioning creditor awarded costs.
Legal Topics
["creditor's Petition" 'sequestration Order' 'act of Bankruptcy' 'bankruptcy Notice' 'substituted Service' 'adjournment']
['bankruptcy'] ["creditor's Petition" 'sequestration Order' 'act of Bankruptcy' 'bankruptcy Notice' 'substituted Service' 'adjournment']

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Procedural Posture

Creditor's Petition for Sequestration Order / Ex Tempore Reasons for Judgment

Legal Issues

  1. 1 ['Whether the Court was satisfied as to the matters referred to in s52(1) of the Bankruptcy Act 1966.' "Whether the debtor established under s52(2) of the Bankruptcy Act 1966 that he was able to pay his debts or that other sufficient cause existed for dismissing the creditor's petition." 'Whether the matter should be further adjourned instead of judgment being given.']

Ratio Decidendi

The Court was satisfied as to the matters referred to in s52(1) of the Bankruptcy Act 1966, the bankruptcy notice had not been satisfied, an act of bankruptcy had been committed, and Pashkoff produced no credible evidence that he could pay the Westpac debt or otherwise pay his debts, nor any sufficient cause not to make a sequestration order. A further adjournment was not justified.

Court Disposition

Sequestration order made; petitioning creditor awarded costs.

Orders

  • ['The Estate of Michael Charlton Pashkoff be sequestrated.' "The petitioning creditor's costs (including reserved costs, if any) be taxed and paid in accordance with the Act."]