Re Robertson, J.W. v Ex parte Briggs, N.P. [1995] FCA 371

Re Robertson, J.W. v Ex parte Briggs, N.P. [1995] FCA 371

There is an unpaid debt of $3058.05 owed by Mr Robertson to Mr Briggs arising from a valid costs order. Neither alleged champerty nor minor procedural irregularities undermine the existence of the debt or justify dismissing the creditor's petition. No substantial injustice has resulted from any procedural defect.

Jurisdiction
Australia
Judgment Date
05 June 1995
Procedural Posture
Bankruptcy / Adjournment of Creditor's Petition
Outcome
adjournment
Legal Topics
["creditor's Petition" 'costs Orders' 'champerty' 'act of Bankruptcy' 'irregularity Under Bankruptcy Act']
['bankruptcy'] ["creditor's Petition" 'costs Orders' 'champerty' 'act of Bankruptcy' 'irregularity Under Bankruptcy Act']

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Procedural Posture

Bankruptcy / Adjournment of Creditor's Petition

Legal Issues

  1. 1 ['Whether a sequestration order should be made against Mr Robertson for unpaid costs in the sum of $3058.05 arising from a Supreme Court order' 'Whether alleged champerty or role of creditor affects existence of debt for bankruptcy purposes' 'Whether defects or irregularities in the petition procedure cause substantial injustice under s. 306 of the Bankruptcy Act 1966']

Ratio Decidendi

There is an unpaid debt of $3058.05 owed by Mr Robertson to Mr Briggs arising from a valid costs order. Neither alleged champerty nor minor procedural irregularities undermine the existence of the debt or justify dismissing the creditor's petition. No substantial injustice has resulted from any procedural defect.

Court Disposition

adjournment

Orders

  • ["The creditor's petition is adjourned until 9.30 am on 20 June 1995." 'The costs of today are reserved.']