Re Towie, Christopher Rees Ex Parte Bobo Nominees Pty Ltd [1995] FCA 965

Re Towie, Christopher Rees Ex Parte Bobo Nominees Pty Ltd [1995] FCA 965

The debtor had not persuaded the Court that further material would assist in going behind the County Court judgment, and the admitted County Court judgment debt owed to the supporting creditor remained outstanding with the instalment application refused. Viewing the matter on the present facts, the balance was strongly against exercising discretion in favour of an adjournment, so the adjournment was refused and a sequestration order was made.

Jurisdiction
Australia
Judgment Date
15 November 1995
Procedural Posture
Bankruptcy Creditor's Petition / Application for Adjournment of Petition; Sequestration Order
Outcome
Application for adjournment refused; sequestration order made against the estate of the debtor with a 21 day stay of proceedings under the sequestration order.
Legal Topics
['sequestration Order' "adjournment of Creditor's Petition" 'going Behind Judgment' 'ability to Pay Debts as They Fall Due' 'costs']
['bankruptcy'] ['sequestration Order' "adjournment of Creditor's Petition" 'going Behind Judgment' 'ability to Pay Debts as They Fall Due' 'costs']

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Procedural Posture

Bankruptcy Creditor's Petition / Application for Adjournment of Petition; Sequestration Order

Legal Issues

  1. 1 ['Whether the debtor should be granted an adjournment to prepare a further affidavit in response to an affidavit tracing the history of the County Court proceedings.' "Whether the debtor should be granted an adjournment because he proposed to seek review of the refusal of an instalment order for the supporting creditor's judgment debt." 'Whether the Court should go behind the County Court judgment on which the petition was based.']

Ratio Decidendi

The debtor had not persuaded the Court that further material would assist in going behind the County Court judgment, and the admitted County Court judgment debt owed to the supporting creditor remained outstanding with the instalment application refused. Viewing the matter on the present facts, the balance was strongly against exercising discretion in favour of an adjournment, so the adjournment was refused and a sequestration order was made.

Court Disposition

Application for adjournment refused; sequestration order made against the estate of the debtor with a 21 day stay of proceedings under the sequestration order.

Orders

  • ['That there be a sequestration order against the estate of the debtor.' 'That the date of the act of bankruptcy be noted as 10 June 1995.' "That the petitioning creditor's costs, including any reserved costs, be taxed and payed in accordance with the statute." 'That there be a stay of proceedings under the...