Re Bloomer, G. v. Ex part Ford Credit Australia Ltd [1985] FCA 282
There was no basis to go behind the District Court judgment because it was not obtained by default, and the debtor's transaction was a lease not covered by the Hire-Purchase Act. Ford Credit established an act of bankruptcy and was entitled to a sequestration order.
- Parties
- Judgment Debtor: Gilbert Bloomer; Judgment Creditor: Ford Credit Australia Limited
- Jurisdiction
- Australia
- Judgment Date
- 26 June 1985
- Procedural Posture
- Creditor's Bankruptcy Petition / Determination of Petition and Making of Sequestration Order
- Outcome
- Sequestration order made against the estate of the debtor.
- Legal Topics
- Sequestration Order, Summary Judgment, Power to Go Behind Judgments
Case Brief
Summary, issues, holding and outcome
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Parties
Gilbert Bloomer
Judgment Debtor
Ford Credit Australia Limited
Judgment Creditor
Procedural Posture
Creditor's Bankruptcy Petition / Determination of Petition and Making of Sequestration Order
Legal Issues
- 1 Whether the bankruptcy court should go behind the District Court summary judgment when considering a creditor's petition for sequestration
Ratio Decidendi
There was no basis to go behind the District Court judgment because it was not obtained by default, and the debtor's transaction was a lease not covered by the Hire-Purchase Act. Ford Credit established an act of bankruptcy and was entitled to a sequestration order.
Court Disposition
Sequestration order made against the estate of the debtor.
Orders
- There be a sequestration order against the estate of Gilbert Bloomer.
- The costs of the petition be taxed and paid out of the estate of the debtor.
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