Re Deputy Commissioner of Taxation v. Ex parte D.F. Bledsoe [1987] FCA 451

Re Deputy Commissioner of Taxation v. Ex parte D.F. Bledsoe [1987] FCA 451

Adjournment was refused as the circumstances did not override the interests of creditors and public policy; consent properly filed by registered trustee triggers statutory operation of appointment under s.156A(3) Bankruptcy Act.

Parties
Debtor: Darryl F. Bledsoe; Creditor/applicant: Deputy Commissioner of Taxation; Proposed Trustee: Desmond William Knight
Jurisdiction
Australia
Judgment Date
03 August 1987
Procedural Posture
Creditor's Petition / Application for Adjournment and Determination of Trustee Upon Potential Bankruptcy
Outcome
application for adjournment refused; consent of registered trustee accepted
Legal Topics
Adjournment of Creditor's Petition, Appointment of Trustee on Bankruptcy, Sequestration Order
Bankruptcy Adjournment of Creditor's Petition Appointment of Trustee on Bankruptcy Sequestration Order

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Parties

Darryl F. Bledsoe

Debtor

Deputy Commissioner of Taxation

Creditor/applicant

Desmond William Knight

Proposed Trustee

Procedural Posture

Creditor's Petition / Application for Adjournment and Determination of Trustee Upon Potential Bankruptcy

Legal Issues

  1. 1 Whether an adjournment of the creditor's petition should be granted to allow the views of creditors to be ascertained
  2. 2 Whether the appointment of a registered trustee as trustee of the bankrupt estate is proper upon filing consent under s.156A(1) of the Bankruptcy Act

Ratio Decidendi

Adjournment was refused as the circumstances did not override the interests of creditors and public policy; consent properly filed by registered trustee triggers statutory operation of appointment under s.156A(3) Bankruptcy Act.

Court Disposition

application for adjournment refused; consent of registered trustee accepted

Orders

  • Adjournment of the creditor's petition is refused; creditor's petition to proceed
  • Consent of Desmond William Knight to act as trustee filed and accepted in accordance with s.156A of the Bankruptcy Act