Re Williams, Eric John Ex Parte Credit Union Australia Ltd [1996] FCA 488

Re Williams, Eric John Ex Parte Credit Union Australia Ltd [1996] FCA 488

In the absence of contrary sworn evidence from Eric John Williams, the Court accepted the process server's evidence and found that the bankruptcy notice and creditor's petition were served on him. The Court was satisfied that the requirements of the Bankruptcy Act 1966 were established, including the debt alleged in the petition, and therefore made a sequestration order against his estate. The Court also found that service of the bankruptcy notice on Ellen Ada Williams was effective because Eric Williams Snr was aware of the purpose of the visit and the papers were left at the premises pursuant to the order dispensing with personal service on her.

Jurisdiction
Australia
Judgment Date
03 June 1996
Procedural Posture
Bankruptcy Creditor's Petition and Bankruptcy Notice Proceedings / Reasons for Judgment and Orders
Outcome
Creditor's petition against Eric John Williams accepted; sequestration order made; directions given for service of any creditor's petition on Ellen Ada Williams.
Legal Topics
["creditor's Petition" 'sequestration Order' 'bankruptcy Notice' 'personal Service' 'substituted Service' 'costs']
['bankruptcy'] ["creditor's Petition" 'sequestration Order' 'bankruptcy Notice' 'personal Service' 'substituted Service' 'costs']

Case Brief

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Procedural Posture

Bankruptcy Creditor's Petition and Bankruptcy Notice Proceedings / Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether a bankruptcy notice was served on Eric John Williams.' "Whether the creditor's petition was served on Eric John Williams." 'Whether a bankruptcy notice was effectively served on Ellen Ada Williams pursuant to the order dispensing with personal service on her.' 'Whether the requirements for making a sequestration order against the estate of Eric John Williams were established.' "How any creditor's petition against Ellen Ada Williams should be served."]

Ratio Decidendi

In the absence of contrary sworn evidence from Eric John Williams, the Court accepted the process server's evidence and found that the bankruptcy notice and creditor's petition were served on him. The Court was satisfied that the requirements of the Bankruptcy Act 1966 were established, including the debt alleged in the petition, and therefore made a sequestration order against his estate. The Court also found that service of the bankruptcy notice on Ellen Ada Williams was effective because Eric Williams Snr was aware of the purpose of the visit and the papers were left at the premises pursuant to the order dispensing with personal service on her.

Court Disposition

Creditor's petition against Eric John Williams accepted; sequestration order made; directions given for service of any creditor's petition on Ellen Ada Williams.

Orders

  • ["The creditor's petition against Eric John Williams be accepted and that his estate be sequestrated." "The costs of such creditor's petition be taxed and paid in accordance with the Bankruptcy Act 1966, including reserved costs." "The costs with respect to the creditor's petition against Ellen Ada Williams be the...