Re Penning, A.C. & Anor v. Ex parte State Bank of South Australia [1987] FCA 745

Re Penning, A.C. & Anor v. Ex parte State Bank of South Australia [1987] FCA 745

There was no evidence that the debtors, by words or conduct at the 26 August 1986 meeting, gave notice to creditors that they had suspended or were about to suspend payment of their debts. The act of bankruptcy alleged was not strictly and properly proved.

Parties
Debtor: Adrianus Cornelis Penning; Debtor: Debra Joy Penning; Creditor: State Bank of South Australia
Jurisdiction
Australia
Judgment Date
23 December 1987
Procedural Posture
Creditor's Petition (bankruptcy) / Judgment After Hearing
Outcome
petition dismissed with costs
Legal Topics
Act of Bankruptcy, Notice of Suspension of Payment of Debts
Bankruptcy Act of Bankruptcy Notice of Suspension of Payment of Debts

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Parties

Adrianus Cornelis Penning

Debtor

Debra Joy Penning

Debtor

State Bank of South Australia

Creditor

Procedural Posture

Creditor's Petition (bankruptcy) / Judgment After Hearing

Legal Issues

  1. 1 Whether the debtors committed an act of bankruptcy under s.40(1)(h) of the Bankruptcy Act 1966 by giving notice to creditors of the suspension or intended suspension of payment of debts

Ratio Decidendi

There was no evidence that the debtors, by words or conduct at the 26 August 1986 meeting, gave notice to creditors that they had suspended or were about to suspend payment of their debts. The act of bankruptcy alleged was not strictly and properly proved.

Court Disposition

petition dismissed with costs

Orders

  • The petition be dismissed with costs.