Lingard, Re J. Ex Parte QLD Cement Distributers [1986] FCA 409

Lingard, Re J. Ex Parte QLD Cement Distributers [1986] FCA 409

The court must appoint the consenting trustee (Mr. Worrell) notwithstanding his non-compliance with s.155(5A); however, his failure to comply may lead to suspension if not remedied by the adjourned date.

Parties
Debtor: John Lingard; Petitioning Creditor: Queensland Cement Distributors; Proposed Trustee: I. Worrell
Jurisdiction
Australia
Judgment Date
09 January 1986
Procedural Posture
Bankruptcy Petition / Hearing and Orders on Petition, Interim Hearing on Compliance Application
Outcome
Sequestration order made; trustee appointed; application for suspension adjourned
Legal Topics
Sequestration Order, Trustee Compliance, Suspension of Trustee Registration, Appointment of Trustee
Bankruptcy Sequestration Order Trustee Compliance Suspension of Trustee Registration Appointment of Trustee

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Parties

John Lingard

Debtor

Queensland Cement Distributors

Petitioning Creditor

I. Worrell

Proposed Trustee

Procedural Posture

Bankruptcy Petition / Hearing and Orders on Petition, Interim Hearing on Compliance Application

Legal Issues

  1. 1 Whether non-compliance by trustee with s.155(5A) requires suspension of registration
  2. 2 Whether trustee who has not complied with s.155(5A) can be appointed trustee of new estate

Ratio Decidendi

The court must appoint the consenting trustee (Mr. Worrell) notwithstanding his non-compliance with s.155(5A); however, his failure to comply may lead to suspension if not remedied by the adjourned date.

Court Disposition

Sequestration order made; trustee appointed; application for suspension adjourned

Orders

  • Act of bankruptcy established.
  • Proof of matters required by Act satisfied.