Re Middleton, C.M. & Anor [1987] FCA 24

Re Middleton, C.M. & Anor [1987] FCA 24

Applicants were not in a position to tender payment to the creditor at the relevant time, nor to satisfy the Court of their solvency. Even if instructions to pay had been accepted, the evidence did not support annulling the bankruptcy under s.154(1)(a).

Parties
Applicant: Colin Maxwell Middleton; Applicant: Marie Michelle Middleton; Petitioning Creditor: WEA Records Pty. Limited trading as Warner Home Video; Accountant: Mr. McCarthy
Jurisdiction
Australia
Judgment Date
04 February 1987
Procedural Posture
Bankruptcy Annulment Application / Hearing and Judgment
Outcome
application dismissed
Legal Topics
Annulment of Bankruptcy, Sequestration Order, Act of Bankruptcy
Bankruptcy Annulment of Bankruptcy Sequestration Order Act of Bankruptcy

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Colin Maxwell Middleton

Applicant

Marie Michelle Middleton

Applicant

WEA Records Pty. Limited trading as Warner Home Video

Petitioning Creditor

Mr. McCarthy

Accountant

Procedural Posture

Bankruptcy Annulment Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the sequestration order ought not to have been made under s.154(1)(a) Bankruptcy Act 1966

Ratio Decidendi

Applicants were not in a position to tender payment to the creditor at the relevant time, nor to satisfy the Court of their solvency. Even if instructions to pay had been accepted, the evidence did not support annulling the bankruptcy under s.154(1)(a).

Court Disposition

application dismissed

Orders

  • application dismissed
  • costs reserved