Fullerton, Edward Colin James v Allstates Leasing System (NSW) Pty Ltd [1984] FCA 210

The Court found the ground in the petition made out and also found the other facts necessary under s.52 of the Bankruptcy Act 1966, and therefore made a sequestration order and ordered administration by the Official Receiver.

Jurisdiction: Australia
Judgment Date: 28 June 1984
Procedural Posture: Bankruptcy Petition / Sequestration Order
Outcome: Sequestration order made.
Legal Topics: ['sequestration Order' 'administration by Official Receiver' 'costs of Petition' 'implied Condition of Fitness for Purpose for Leased Goods' "debtor's Counter Claim"]

['bankruptcy' 'trade Practices'] ['sequestration Order' 'administration by Official Receiver' 'costs of Petition' 'implied Condition of Fitness for Purpose for Leased Goods' "debtor's Counter Claim"]

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Procedural Posture

Bankruptcy Petition / Sequestration Order

Legal Issues

1 ['Whether the ground in the bankruptcy petition and the other facts necessary under s.52 of the Bankruptcy Act 1966 were made out.' "Whether the debtor's counter-claim based on s.71(2) of the Trade Practices Act 1974 affected the petition."]

Ratio Decidendi

Court Disposition

Sequestration order made.

Orders

['Sequestration order made.' 'Order pursuant to s. 52(1A)(b) of the Bankruptcy Act 1966 that the Official Receiver administer the estate of the bankrupt.' 'Order the debtor pay the costs of the petitioner including the reserved costs.']