Re Campbell, Keith Malcolm Ex Parte Metway Leasing Ltd [1996] FCA 625

Re Campbell, Keith Malcolm Ex Parte Metway Leasing Ltd [1996] FCA 625

The Court was satisfied that the petitioning creditor's attorneys were properly authorised, the affidavit was validly verified, errors in company number and address were formal defects that could be amended, and the evidence established the debtor had committed an act of bankruptcy. The discretion to make the sequestration order was appropriately exercised, and the Official Trustee was appointed.

Jurisdiction
Australia
Judgment Date
06 June 1996
Procedural Posture
Bankruptcy Petition / Final Hearing on Creditor's Petition
Outcome
sequestration order made against estate of debtor; Official Trustee appointed; leave to amend petition granted; costs ordered to be taxed and paid according to the Act
Legal Topics
["creditor's Petition" 'amendment of Petition' 'appointment of Trustee']
['bankruptcy'] ["creditor's Petition" 'amendment of Petition' 'appointment of Trustee']

Case Brief

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Procedural Posture

Bankruptcy Petition / Final Hearing on Creditor's Petition

Legal Issues

  1. 1 ["authority of attorneys to sign creditor's petition" 'requirement for verification of affidavit under s47 of Bankruptcy Act 1966' 'effect of incorrect company number in petition' 'discretion to make sequestration order under s52 of Bankruptcy Act 1966' 'appointment of trustee']

Ratio Decidendi

The Court was satisfied that the petitioning creditor's attorneys were properly authorised, the affidavit was validly verified, errors in company number and address were formal defects that could be amended, and the evidence established the debtor had committed an act of bankruptcy. The discretion to make the sequestration order was appropriately exercised, and the Official Trustee was appointed.

Court Disposition

sequestration order made against estate of debtor; Official Trustee appointed; leave to amend petition granted; costs ordered to be taxed and paid according to the Act

Orders

  • ['Sequestration order against the estate of Keith Malcolm Campbell' 'Leave to Metway Leasing Limited to amend petition to correct company number and address' 'Official Trustee appointed as trustee' 'Costs to be taxed and paid including costs of adjournment' 'Draft order to be delivered to Registrar within seven...