Commonwealth Bank of Australia, in the matter of Martin & Anor [2001] FCA 573

Commonwealth Bank of Australia, in the matter of Martin & Anor [2001] FCA 573

The respondents committed an act of bankruptcy by failing to comply with the bankruptcy notice based on a judgment debt. There is insufficient utility in adjourning the hearing pending special leave because the prospects of leave being granted are very slight. Accordingly, a sequestration order is made.

Parties
Applicant: Commonwealth Bank of Australia; First Respondent: Frederick Edwin Martin; Second Respondent: Lorraine Beverley Martin
Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Bankruptcy Petition / Hearing De Novo (on Review After Appeal)
Outcome
sequestration order made, costs taxed and paid in accordance with the Act
Legal Topics
Sequestration Order, Act of Bankruptcy, Failure to Comply With Bankruptcy Notice, Application for Adjournment, Special Leave Application
Bankruptcy Sequestration Order Act of Bankruptcy Failure to Comply With Bankruptcy Notice Application for Adjournment Special Leave Application

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Parties

Commonwealth Bank of Australia

Applicant

Frederick Edwin Martin

First Respondent

Lorraine Beverley Martin

Second Respondent

Procedural Posture

Bankruptcy Petition / Hearing De Novo (on Review After Appeal)

Legal Issues

  1. 1 Whether a sequestration order should be made against the respondents' estates
  2. 2 Whether the hearing should be adjourned pending a special leave application to the High Court
  3. 3 Whether the act of bankruptcy was committed

Ratio Decidendi

The respondents committed an act of bankruptcy by failing to comply with the bankruptcy notice based on a judgment debt. There is insufficient utility in adjourning the hearing pending special leave because the prospects of leave being granted are very slight. Accordingly, a sequestration order is made.

Court Disposition

sequestration order made, costs taxed and paid in accordance with the Act

Orders

  • A sequestration order be made against the estate of Frederick Edwin Martin and Lorraine Beverley Martin.
  • The petitioning creditor's costs, including reserved costs, if any, be taxed and paid in accordance with the Act.