Turnbull, Re; John v Pongrass Operations Pty Ltd Ex Parte; [1988] FCA 418

Turnbull, Re; John v Pongrass Operations Pty Ltd Ex Parte; [1988] FCA 418

It is not a proper exercise of discretion to hold a petitioning creditor from his order solely because the debtor signed a section 188 authority shortly before the petition; without other reasons, the sequestration order stands.

Parties
Debtor: John Turnbull; Creditor: Pongrass Operations Pty. Ltd.
Jurisdiction
Australia
Judgment Date
22 July 1988
Procedural Posture
Bankruptcy Application / Application to Rescind or Discharge Sequestration Order
Outcome
Application dismissed with costs to be taxed if not agreed.
Legal Topics
Sequestration Order, Section 188 Authority, Part X Arrangements, Discretion to Adjourn Creditor's Petition
Bankruptcy Sequestration Order Section 188 Authority Part X Arrangements Discretion to Adjourn Creditor's Petition

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Parties

John Turnbull

Debtor

Pongrass Operations Pty. Ltd.

Creditor

Procedural Posture

Bankruptcy Application / Application to Rescind or Discharge Sequestration Order

Legal Issues

  1. 1 Whether a sequestration order should be rescinded or discharged because the debtor signed a section 188 authority shortly before the return date of the creditor's petition

Ratio Decidendi

It is not a proper exercise of discretion to hold a petitioning creditor from his order solely because the debtor signed a section 188 authority shortly before the petition; without other reasons, the sequestration order stands.

Court Disposition

Application dismissed with costs to be taxed if not agreed.

Orders

  • Application to rescind or discharge the sequestration order dismissed
  • Costs to be taxed if not agreed