Ing, J. v Pendlemoore Pty Ltd [1995] FCA 158

The debtor committed an act of bankruptcy by failing to comply with a bankruptcy notice and failed to establish to the court's satisfaction that he was able to pay his debts. Therefore, the creditor was entitled to a sequestration order.

Jurisdiction: Australia
Judgment Date: 24 March 1995
Procedural Posture: Bankruptcy Petition / Final Determination at Hearing
Outcome: petitioner succeeds, sequestration order issued against estate of debtor, stay application refused
Legal Topics: ['act of Bankruptcy' 'judgment Debt' 'sequestration Order' 'discretion to Dismiss Petition' 'solvency']

['bankruptcy'] ['act of Bankruptcy' 'judgment Debt' 'sequestration Order' 'discretion to Dismiss Petition' 'solvency']

Case Brief

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Procedural Posture

Bankruptcy Petition / Final Determination at Hearing

Legal Issues

1 ['Whether debtor committed act of bankruptcy' 'Whether debtor able to pay his debts' 'Whether court should exercise discretion to dismiss petition' 'Whether sequestration order should be stayed']

Ratio Decidendi

Court Disposition

petitioner succeeds, sequestration order issued against estate of debtor, stay application refused

Orders

['Sequestration order issued against estate of debtor (John Ing) for act of bankruptcy committed on 13 July 1994' 'Tim Arthur Jonas appointed trustee of the estate' "Petitioning creditor's costs to be taxed and paid, including costs ordered by Northrop J on 2 November 1994 and any reserved costs" "Supporting...