Seymour, Re M.T. Ex Parte Deputy Commissioner of Taxation [1986] FCA 30

Seymour, Re M.T. Ex Parte Deputy Commissioner of Taxation [1986] FCA 30

The Court accepted Judith Vickery's evidence that she served Michael Thomas Seymour with the bankruptcy notice on 15 August 1985 and found no effective evidentiary answer from the debtor. The Court therefore found that service was effected as alleged, that the debtor failed by 5 September 1985 to comply with the bankruptcy notice or establish an adequate counter-claim, set-off, or cross-demand, and that the alleged act of bankruptcy was committed. Being satisfied of the other matters required by s.52 of the Bankruptcy Act, the Court made a sequestration order.

Jurisdiction
Australia
Judgment Date
06 June 1986
Procedural Posture
Bankruptcy Creditor's Petition / Hearing of Creditor's Petition and Notice of Opposition
Outcome
Sequestration order made against the estate of Michael Thomas Seymour.
Legal Topics
["creditor's Petition" 'sequestration Order' 'service of Bankruptcy Notice' 'act of Bankruptcy' 'notice of Opposition' 'costs in Administration']
['bankruptcy and Insolvency'] ["creditor's Petition" 'sequestration Order' 'service of Bankruptcy Notice' 'act of Bankruptcy' 'notice of Opposition' 'costs in Administration']

Case Brief

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Procedural Posture

Bankruptcy Creditor's Petition / Hearing of Creditor's Petition and Notice of Opposition

Legal Issues

  1. 1 ['Whether the act of bankruptcy alleged in paragraph 4 of the petition was committed as alleged.' 'Whether Michael Thomas Seymour was served with a bankruptcy notice on Thursday, 15 August 1985.' 'Whether the debtor failed on or before 5 September 1985 to comply with the bankruptcy notice or satisfy the Court that he had a counter-claim, set-off, or cross-demand equal to or exceeding the sum specified in the bankruptcy notice.' 'Whether the requirements for making a sequestration order were otherwise satisfied.']

Ratio Decidendi

The Court accepted Judith Vickery's evidence that she served Michael Thomas Seymour with the bankruptcy notice on 15 August 1985 and found no effective evidentiary answer from the debtor. The Court therefore found that service was effected as alleged, that the debtor failed by 5 September 1985 to comply with the bankruptcy notice or establish an adequate counter-claim, set-off, or cross-demand, and that the alleged act of bankruptcy was committed. Being satisfied of the other matters required by s.52 of the Bankruptcy Act, the Court made a sequestration order.

Court Disposition

Sequestration order made against the estate of Michael Thomas Seymour.

Orders

  • ['A sequestration order be made against the estate of the debtor.' "The petitioning creditor's costs of the petition including reserved costs be taxed and paid in accordance with the Act." 'The costs of the petitioning creditor including reserved costs be costs in the administration of the estate.' 'The petitioning...