Malan, J. v. Silvas, T. [1994] FCA 829

Malan, J. v. Silvas, T. [1994] FCA 829

No circumstances have been shown which would justify the Court going behind the judgment and ascertaining whether there was a real debt in respect of the damages awarded to Mr Silvas. The judgment followed a lengthy trial and unsuccessful appeal; the application for annulment is dismissed.

Parties
Debtor: John Malan; Creditor: Dore Silvas; Solicitors for Trustee in Bankruptcy: Ternes & Salier
Jurisdiction
Australia
Judgment Date
25 October 1994
Procedural Posture
Bankruptcy Application / Application for Annulment of Bankruptcy
Outcome
application dismissed
Legal Topics
Annulment of Bankruptcy, Going Behind Judgment, Existence of a True Debt, Defamation Proceedings
Bankruptcy Defamation Annulment of Bankruptcy Going Behind Judgment Existence of a True Debt Defamation Proceedings

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Parties

John Malan

Debtor

Dore Silvas

Creditor

Ternes & Salier

Solicitors for Trustee in Bankruptcy

Procedural Posture

Bankruptcy Application / Application for Annulment of Bankruptcy

Legal Issues

  1. 1 Whether the Court should annul Mr Malan's bankruptcy
  2. 2 Whether there are grounds to go behind the judgment upon which the bankruptcy notice was based
  3. 3 Whether there is a true debt in respect of the damages awarded to Mr Silvas

Ratio Decidendi

No circumstances have been shown which would justify the Court going behind the judgment and ascertaining whether there was a real debt in respect of the damages awarded to Mr Silvas. The judgment followed a lengthy trial and unsuccessful appeal; the application for annulment is dismissed.

Court Disposition

application dismissed

Orders

  • Application for annulment of bankruptcy dismissed.
  • No order as to costs.