Re Bussell, C.J. v. Ex parte Custom Credit Corporation Ltd [1985] FCA 593

Re Bussell, C.J. v. Ex parte Custom Credit Corporation Ltd [1985] FCA 593

There was clear evidence that the petitioner had not been paid the debt outstanding; neither National Australia Bank nor Alliance Acceptance Co. Ltd. paid or remitted the debt to Custom Credit. The act of bankruptcy was established and the requirements for making a sequestration order were met.

Parties
Debtor: Charles John Bussell; Creditor: Custom Credit Corporation Limited
Jurisdiction
Australia
Judgment Date
13 November 1985
Procedural Posture
Petition for Sequestration of Estate (bankruptcy) / Ex Tempore Judgment at First Instance
Outcome
Sequestration order granted against the estate of Charles John Bussell; order that he pay the petitioning creditor's costs, including reserved costs.
Legal Topics
Sequestration of Estate, Act of Bankruptcy, Payment of Debt, Agency
Bankruptcy Sequestration of Estate Act of Bankruptcy Payment of Debt Agency

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Parties

Charles John Bussell

Debtor

Custom Credit Corporation Limited

Creditor

Procedural Posture

Petition for Sequestration of Estate (bankruptcy) / Ex Tempore Judgment at First Instance

Legal Issues

  1. 1 Whether the debt owed by the debtor to the creditor was paid prior to the bankruptcy petition
  2. 2 Whether any instructions to or actions by a third party (the bank or Alliance Acceptance Co. Ltd.) resulted in payment discharging the debt

Ratio Decidendi

There was clear evidence that the petitioner had not been paid the debt outstanding; neither National Australia Bank nor Alliance Acceptance Co. Ltd. paid or remitted the debt to Custom Credit. The act of bankruptcy was established and the requirements for making a sequestration order were met.

Court Disposition

Sequestration order granted against the estate of Charles John Bussell; order that he pay the petitioning creditor's costs, including reserved costs.

Orders

  • There will be a sequestration order against the estate of Mr. Bussell.
  • Mr. Bussell to pay the costs of the petitioning creditor, including reserved costs.