Myers v Commonwealth Bank of Australia [1995] FCA 1201

Myers v Commonwealth Bank of Australia [1995] FCA 1201

The application for adjournment was refused because opposition to the petition was on legally hopeless grounds and the debtor had ample opportunity to obtain further material. The act of bankruptcy and requirements of subsection 52(1) were satisfied. A sequestration order was made.

Parties
Debtor: Melvyn Richard Myers; Creditor: Commonwealth Bank of Australia; Supporting Creditor: Mr J Khera of Khera & Associates
Jurisdiction
Australia
Judgment Date
07 November 1995
Procedural Posture
Bankruptcy Petition / Hearing of Petition and Application for Adjournment
Outcome
Sequestration order made against the estate of the debtor. Adjournment refused.
Legal Topics
Sequestration Order, Adjournment Application, Bankruptcy Notice, Discretionary Opposition to Petitions
Insolvency Bankruptcy Sequestration Order Adjournment Application Bankruptcy Notice Discretionary Opposition to Petitions

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Parties

Melvyn Richard Myers

Debtor

Commonwealth Bank of Australia

Creditor

Mr J Khera of Khera & Associates

Supporting Creditor

Procedural Posture

Bankruptcy Petition / Hearing of Petition and Application for Adjournment

Legal Issues

  1. 1 Whether an adjournment of the hearing of the bankruptcy petition should be granted
  2. 2 Whether opposition to the petition is supported by law or evidence
  3. 3 Whether the debtor committed the act of bankruptcy alleged

Ratio Decidendi

The application for adjournment was refused because opposition to the petition was on legally hopeless grounds and the debtor had ample opportunity to obtain further material. The act of bankruptcy and requirements of subsection 52(1) were satisfied. A sequestration order was made.

Court Disposition

Sequestration order made against the estate of the debtor. Adjournment refused.

Orders

  • A sequestration order is made against the estate of the debtor.
  • The petitioning creditor's costs, including reserved costs if any, are to be taxed and paid in accordance with the Act.