Re Crennan, C. v. Ex parte Campbell, R.B. & Ors [1988] FCA 249
Clause 12 of the partnership agreement and the partnership resolution did not authorise the three petitioners to sign the bankruptcy petition on behalf of all fifteen. The petition was not signed by all petitioning creditors as required, and thus did not comply with the Bankruptcy Act or the Rules.
- Parties
- Debtor: Crowley Crennan; Petitioning Creditor: Geoffrey Cohen; Petitioning Creditor: Quentin William Vaughan Wallace; Petitioning Creditor: Peter Trewin
- Jurisdiction
- Australia
- Judgment Date
- 16 March 1988
- Procedural Posture
- Bankruptcy Petition / Hearing on Return of Petition
- Outcome
- petition dismissed
- Legal Topics
- Sequestration Order, Signature of Petition by Creditors, Authority to Act for Creditors
Case Brief
Summary, issues, holding and outcome
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Parties
Crowley Crennan
Debtor
Geoffrey Cohen
Petitioning Creditor
Quentin William Vaughan Wallace
Petitioning Creditor
Peter Trewin
Petitioning Creditor
Procedural Posture
Bankruptcy Petition / Hearing on Return of Petition
Legal Issues
- 1 Whether a bankruptcy petition is valid where it is not signed by all judgment creditors
Ratio Decidendi
Clause 12 of the partnership agreement and the partnership resolution did not authorise the three petitioners to sign the bankruptcy petition on behalf of all fifteen. The petition was not signed by all petitioning creditors as required, and thus did not comply with the Bankruptcy Act or the Rules.
Court Disposition
petition dismissed
Orders
- Petition dismissed
- Petitioning creditors to pay the judgment debtor's costs of and incidental to the petition, including reserved costs, to be taxed and paid accordingly
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