Mader, Re F.H. Henderson, Ex Parte L.E. [1986] FCA 632

Mader, Re F.H. Henderson, Ex Parte L.E. [1986] FCA 632

On construction of annexure "A", despite its heading, mode of execution and the provision referring to payment from Redchamp Research Station Limited, the document was intended to make Mr. Mader personally liable. The debtor-creditor relationship alleged therefore existed, the act of bankruptcy was proved, and the statutory matters required for a sequestration order were satisfied.

Jurisdiction
Australia
Judgment Date
10 September 1986
Procedural Posture
Bankruptcy Petition for a Sequestration Order / Ex Tempore Reasons for Judgment and Orders
Outcome
Sequestration order made in respect of the estate of the debtor.
Legal Topics
['sequestration Order' 'act of Bankruptcy' 'debtor Creditor Relationship' 'personal Liability Under a Document Executed Under Company Seal']
['bankruptcy' 'contract'] ['sequestration Order' 'act of Bankruptcy' 'debtor Creditor Relationship' 'personal Liability Under a Document Executed Under Company Seal']

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Procedural Posture

Bankruptcy Petition for a Sequestration Order / Ex Tempore Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Whether the debtor committed the alleged act of bankruptcy by giving notice to creditors that he had suspended, or was about to suspend, payment of his debts.' 'Whether the petitioner was a creditor of the debtor, depending on whether annexure "A" created personal liability on Mr. Mader rather than liability only of Redchamp Research Station Limited.']

Ratio Decidendi

On construction of annexure "A", despite its heading, mode of execution and the provision referring to payment from Redchamp Research Station Limited, the document was intended to make Mr. Mader personally liable. The debtor-creditor relationship alleged therefore existed, the act of bankruptcy was proved, and the statutory matters required for a sequestration order were satisfied.

Court Disposition

Sequestration order made in respect of the estate of the debtor.

Orders

  • ['The act of bankruptcy alleged in the petition is found.' 'The Court is satisfied of the proof of the other matters of which the Act requires proof.' 'A sequestration order is made in respect of the estate of the debtor.' 'The costs of the petitioning creditor of and incidental to the proceedings, including...