Re Maurice Raymond Brooham Ex Parte Lynette Roslyn Brown & ORs [1979] FCA 159

Re Maurice Raymond Brooham Ex Parte Lynette Roslyn Brown & ORs [1979] FCA 159

On the evidence, the debtor committed the act of bankruptcy alleged in the petition, as there was no enforceable agreement or estoppel preventing the creditors from proceeding with the petition.

Parties
Debtor: Maurice Raymond Broomham; Creditor: Lynette Roslyn Brown; Creditor: Patricia Anne Hudson; Creditor: John Peary Bingle; Creditor: Kerry Francers Bingle
Jurisdiction
Australia
Judgment Date
22 November 1979
Procedural Posture
Bankruptcy Petition / Hearing of Contested Petition; Interlocutory Decision on Adjournment
Outcome
Petition adjourned
Legal Topics
Act of Bankruptcy, Stay of Execution, Payment by Instalments, Estoppel, Sequestration Order, Adjournment
Bankruptcy Act of Bankruptcy Stay of Execution Payment by Instalments Estoppel Sequestration Order Adjournment

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Parties

Maurice Raymond Broomham

Debtor

Lynette Roslyn Brown

Creditor

Patricia Anne Hudson

Creditor

John Peary Bingle

Creditor

Kerry Francers Bingle

Creditor

Procedural Posture

Bankruptcy Petition / Hearing of Contested Petition; Interlocutory Decision on Adjournment

Legal Issues

  1. 1 Whether the debtor committed an act of bankruptcy under s.40(1)(g) of the Bankruptcy Act 1966
  2. 2 Whether an agreement or estoppel exists preventing the creditors from proceeding with the bankruptcy petition
  3. 3 Whether a stay of execution or payment by instalments affects the validity of the bankruptcy notice

Ratio Decidendi

On the evidence, the debtor committed the act of bankruptcy alleged in the petition, as there was no enforceable agreement or estoppel preventing the creditors from proceeding with the petition.

Court Disposition

Petition adjourned

Orders

  • The hearing of the bankruptcy petition is adjourned for three weeks to permit the debtor to attempt to discharge or compound his liabilities without being made bankrupt.
  • If a further adjournment is sought, the debtor must provide evidence of his assets and liabilities.