Re Harkins, Paul Patric & Anor Ex Parte Equus Financial Services Ltd [1995] FCA 970

Re Harkins, Paul Patric & Anor Ex Parte Equus Financial Services Ltd [1995] FCA 970

The sealed and authenticated General Form of Order satisfied the criteria in s 157 of the Evidence Act 1995 (Cth) and was evidence that judgment was obtained in the Supreme Court of Victoria on 28 October 1992 for the relevant amount. The bankruptcy notice was therefore not invalid for relying on a non-existent judgment and was not unclear or incomprehensible. The 2 cent overstatement did not invalidate the notice because the debtors did not give notice disputing validity on that ground within the time allowed. As the grounds of opposition failed and the necessary formalities were proved, sequestration orders were made.

Jurisdiction
Australia
Judgment Date
29 November 1995
Procedural Posture
Creditor's Petition for Sequestration Orders in Bankruptcy / Reasons Published After Sequestration Orders Were Made
Outcome
Sequestration orders made against the estates of Paul Patric Harkins and Maree Bernadette Harkins on the petition of Equus Financial Services Limited.
Legal Topics
['validity of Bankruptcy Notice' 'act of Bankruptcy' 'proof of Judgment by Public Document' 'sequestration Orders' 'misstatement in Bankruptcy Notice']
['bankruptcy' 'evidence'] ['validity of Bankruptcy Notice' 'act of Bankruptcy' 'proof of Judgment by Public Document' 'sequestration Orders' 'misstatement in Bankruptcy Notice']

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Procedural Posture

Creditor's Petition for Sequestration Orders in Bankruptcy / Reasons Published After Sequestration Orders Were Made

Legal Issues

  1. 1 ['Whether the bankruptcy notice was invalid because it relied upon a judgment said not to exist.' 'Whether the bankruptcy notice was unclear or incomprehensible as to how the alleged debt was made up or calculated.' 'Whether a 2 cent overstatement in the bankruptcy notice invalidated the notice.']

Ratio Decidendi

The sealed and authenticated General Form of Order satisfied the criteria in s 157 of the Evidence Act 1995 (Cth) and was evidence that judgment was obtained in the Supreme Court of Victoria on 28 October 1992 for the relevant amount. The bankruptcy notice was therefore not invalid for relying on a non-existent judgment and was not unclear or incomprehensible. The 2 cent overstatement did not invalidate the notice because the debtors did not give notice disputing validity on that ground within the time allowed. As the grounds of opposition failed and the necessary formalities were proved, sequestration orders were made.

Court Disposition

Sequestration orders made against the estates of Paul Patric Harkins and Maree Bernadette Harkins on the petition of Equus Financial Services Limited.

Orders

  • ['Sequestration orders against the estates of Paul Patric Harkins and Maree Bernadette Harkins.']