Re Hicks, T. v. Ex parte Schweikert, G. [1985] FCA 467

Re Hicks, T. v. Ex parte Schweikert, G. [1985] FCA 467

Judgment for rent or compensation obtained by an agent of a landlord under the Residential Tenancies Act must be entered in favour of the landlord, who is entitled to enforce it for bankruptcy purposes, and the requirements for a sequestration order were met.

Parties
Petitioning Creditor: Gregory Malcolm Schweikert; Debtor: Terri Hicks; Agent/solicitor for Creditor: Catherine Patricia Barker
Jurisdiction
Australia
Judgment Date
18 September 1985
Procedural Posture
Bankruptcy Petition / Hearing and Judgment
Outcome
Sequestration order made against debtor's estate
Legal Topics
Petitioning Creditor Standing, Acts of Bankruptcy, Agent's Authority in Tenancy Matters, Recovery of Possession, Enforcement of Judgment
Bankruptcy Residential Tenancies Petitioning Creditor Standing Acts of Bankruptcy Agent's Authority in Tenancy Matters Recovery of Possession Enforcement of Judgment

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Parties

Gregory Malcolm Schweikert

Petitioning Creditor

Terri Hicks

Debtor

Catherine Patricia Barker

Agent/solicitor for Creditor

Procedural Posture

Bankruptcy Petition / Hearing and Judgment

Legal Issues

  1. 1 Whether the petitioning creditor is entitled to enforce the Magistrates Court judgment as required by Bankruptcy Act s.40(3)(d)
  2. 2 Whether judgment entered in the name of an agent rather than the landlord is effective for bankruptcy purposes
  3. 3 Whether procedural irregularities in the Magistrates Court judgment affect entitlement to bankruptcy order

Ratio Decidendi

Judgment for rent or compensation obtained by an agent of a landlord under the Residential Tenancies Act must be entered in favour of the landlord, who is entitled to enforce it for bankruptcy purposes, and the requirements for a sequestration order were met.

Court Disposition

Sequestration order made against debtor's estate

Orders

  • Sequestration order against the estate of Terri Hicks
  • Petitioning creditor's costs of and incidental to the petition to be taxed and paid in accordance with the Bankruptcy Act 1966