Re Di Moia, Robert E Ex Parte Thompson, G E & Anor [1996] FCA 42

Re Di Moia, Robert E Ex Parte Thompson, G E & Anor [1996] FCA 42

Although the debtor probably intended to travel overseas in the near future, the evidence did not establish that he intended to abscond from Australia with a view to avoiding payment of his debts or preventing or delaying proceedings under the Bankruptcy Act 1966 (Cth). The warrant application was therefore dismissed.

Jurisdiction
Australia
Judgment Date
05 February 1996
Procedural Posture
Application Under S. 78 of the Bankruptcy Act 1966 (cth) for the Issue of a Warrant for the Arrest of a Judgment Debtor / Reasons for Judgment and Order Dismissing the Application
Outcome
Application dismissed
Legal Topics
['warrant for Arrest of Judgment Debtor' 'absconding to Avoid Payment of Debts' 'bankruptcy Notice' 'enforcement of Judgment']
['bankruptcy' 'civil Procedure'] ['warrant for Arrest of Judgment Debtor' 'absconding to Avoid Payment of Debts' 'bankruptcy Notice' 'enforcement of Judgment']

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Procedural Posture

Application Under S. 78 of the Bankruptcy Act 1966 (cth) for the Issue of a Warrant for the Arrest of a Judgment Debtor / Reasons for Judgment and Order Dismissing the Application

Legal Issues

  1. 1 ['Whether the Court should issue a warrant under s. 78(1)(a) of the Bankruptcy Act 1966 (Cth) for the arrest of the judgment debtor.' 'Whether the judgment debtor was about to abscond with a view to avoiding payment of his debts or preventing or delaying proceedings under the Bankruptcy Act 1966 (Cth).']

Ratio Decidendi

Although the debtor probably intended to travel overseas in the near future, the evidence did not establish that he intended to abscond from Australia with a view to avoiding payment of his debts or preventing or delaying proceedings under the Bankruptcy Act 1966 (Cth). The warrant application was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application for a warrant for the arrest of the judgment debtor is dismissed.']