Re Keane, John Aloysius Ex Parte Bobo Nominees Pty Ltd [1995] FCA 1186

Re Keane, John Aloysius Ex Parte Bobo Nominees Pty Ltd [1995] FCA 1186

Taking the debtor's affidavit entirely at face value, it did not establish that he was not indebted to the petitioning creditor or disclose any defence to the guarantee, and the Court was therefore satisfied of the matters requiring proof under s. 52 of the Bankruptcy Act 1966.

Jurisdiction
Australia
Judgment Date
14 August 1995
Procedural Posture
Bankruptcy Petition / Hearing of Petition for Sequestration Order After Refusal of Debtor's Second Adjournment Application
Outcome
Debtor's second adjournment application refused; sequestration order made against the estate of John Aloysius Keane.
Legal Topics
['sequestration Order' 'bankruptcy Petition' 'adjournment Application' 'indebtedness Under Guarantee' 'proof Under S. 52 of the Bankruptcy Act 1966']
['bankruptcy and Insolvency' 'civil Procedure'] ['sequestration Order' 'bankruptcy Petition' 'adjournment Application' 'indebtedness Under Guarantee' 'proof Under S. 52 of the Bankruptcy Act 1966']

Case Brief

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Procedural Posture

Bankruptcy Petition / Hearing of Petition for Sequestration Order After Refusal of Debtor's Second Adjournment Application

Legal Issues

  1. 1 ["Whether the debtor's affidavit established that he was not indebted to the petitioning creditor." 'Whether the Court was satisfied of the matters requiring proof under s. 52 of the Bankruptcy Act 1966 for a sequestration order.']

Ratio Decidendi

Taking the debtor's affidavit entirely at face value, it did not establish that he was not indebted to the petitioning creditor or disclose any defence to the guarantee, and the Court was therefore satisfied of the matters requiring proof under s. 52 of the Bankruptcy Act 1966.

Court Disposition

Debtor's second adjournment application refused; sequestration order made against the estate of John Aloysius Keane.

Orders

  • ['A sequestration order is made against the Estate of John Aloysius Keane.' "The petitioning creditor's costs of, and incidental to, the petition, including reserved costs if any, shall be taxed and paid according to the statute."]