Re Hill, R.G.D. & Anor v. Ex Parte Galluzzo, A. & Anor [1985] FCA 26

Re Hill, R.G.D. & Anor v. Ex Parte Galluzzo, A. & Anor [1985] FCA 26

There was no final judgment or order entered against the debtors for a sum of money; the certificate merely noted an undertaking and guarantee but did not create a judgment enforceable against the debtors. The bankruptcy notice was not based on a final judgment against the debtors and was therefore invalid.

Parties
Debtor: Robert Grahame Douglas-Hill; Debtor: Elsa Douglas-Hill; Judgment Creditor: Antonio Galluzzo; Judgment Creditor: Elma Rita Galluzzo
Jurisdiction
Australia
Judgment Date
23 January 1985
Procedural Posture
Bankruptcy Application / Application to Set Aside Bankruptcy Notice
Outcome
Bankruptcy notice set aside as invalid
Legal Topics
Final Judgment, Bankruptcy Notice, Guarantee
Bankruptcy Final Judgment Bankruptcy Notice Guarantee

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Parties

Robert Grahame Douglas-Hill

Debtor

Elsa Douglas-Hill

Debtor

Antonio Galluzzo

Judgment Creditor

Elma Rita Galluzzo

Judgment Creditor

Procedural Posture

Bankruptcy Application / Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether bankruptcy notice was based on a final judgment or order against the debtors
  2. 2 Whether a certificate of judgment incorporating a guarantee constituted a final judgment for the purposes of s41(3) Bankruptcy Act 1966

Ratio Decidendi

There was no final judgment or order entered against the debtors for a sum of money; the certificate merely noted an undertaking and guarantee but did not create a judgment enforceable against the debtors. The bankruptcy notice was not based on a final judgment against the debtors and was therefore invalid.

Court Disposition

Bankruptcy notice set aside as invalid

Orders

  • The bankruptcy notice No.1018 of 1984 be set aside.