Re Morrison, P. & Anor v. Shoreline Currencies (Australia) Pty Ltd [1987] FCA 469

Re Morrison, P. & Anor v. Shoreline Currencies (Australia) Pty Ltd [1987] FCA 469

The factual matrix established that the debtors did not depart for a holiday or to set up a genuine business in London, but departed and remained out of Australia with intent to defeat or delay creditors, as inferred from the circumstances, amount owed, and actions taken before and after departure. The act of bankruptcy is established under s.40(1)(c)(i).

Parties
Debtor: Phillip Morrison; Debtor: Elizabeth May Morrison; Petitioning Creditor: Shoreline Currencies (Australia) Pty Limited (In Liquidation)
Jurisdiction
Australia
Judgment Date
21 August 1987
Procedural Posture
Bankruptcy Petition / Final Judgment
Outcome
sequestration order made against estates of debtors
Legal Topics
Act of Bankruptcy, Intent to Defeat or Delay Creditors
Bankruptcy Act of Bankruptcy Intent to Defeat or Delay Creditors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Phillip Morrison

Debtor

Elizabeth May Morrison

Debtor

Shoreline Currencies (Australia) Pty Limited (In Liquidation)

Petitioning Creditor

Procedural Posture

Bankruptcy Petition / Final Judgment

Legal Issues

  1. 1 Whether the debtors departed and remained out of Australia with intent to defeat or delay their creditors under s.40(1)(c)(i) of the Bankruptcy Act 1966
  2. 2 Whether the debtors owed the specified sum to the petitioning creditor

Ratio Decidendi

The factual matrix established that the debtors did not depart for a holiday or to set up a genuine business in London, but departed and remained out of Australia with intent to defeat or delay creditors, as inferred from the circumstances, amount owed, and actions taken before and after departure. The act of bankruptcy is established under s.40(1)(c)(i).

Court Disposition

sequestration order made against estates of debtors

Orders

  • Sequestration order granted against the estates of Phillip Morrison and Elizabeth May Morrison
  • The costs (including reserved costs) of the petitioner are to be taxed and paid according to the Act