Kattirtzis, in the matter of Zaravinos v Zaravinos [1999] FCA 1846

Kattirtzis, in the matter of Zaravinos v Zaravinos [1999] FCA 1846

Having regard to the problems with the diary evidence relied on by the debtor and the unchallenged evidence of the applicant's solicitor about discussions on 10 and 11 September 1999, the Court found on balance that the bankruptcy notice was served as alleged. It followed that the debtor committed the act of bankruptcy on 5 October 1999 as alleged in the petition.

Jurisdiction
Australia
Judgment Date
20 December 1999
Procedural Posture
Bankruptcy Creditor's Petition / Determination of Whether the Alleged Act of Bankruptcy Was Committed Before Referral on Whether a Sequestration Order Ought to Be Made
Outcome
Declaration made that an act of bankruptcy was committed; matter referred to a Registrar for determination of whether a sequestration order ought to be made.
Legal Topics
["creditor's Petition" 'service of Bankruptcy Notice' 'act of Bankruptcy' 'sequestration Order']
['bankruptcy'] ["creditor's Petition" 'service of Bankruptcy Notice' 'act of Bankruptcy' 'sequestration Order']

Case Brief

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Procedural Posture

Bankruptcy Creditor's Petition / Determination of Whether the Alleged Act of Bankruptcy Was Committed Before Referral on Whether a Sequestration Order Ought to Be Made

Legal Issues

  1. 1 ['Whether the bankruptcy notice was served on the debtor on 11 September 1999.' 'Whether the debtor committed the act of bankruptcy alleged in paragraph 4 of the petition by failing to comply with the bankruptcy notice or satisfy the court of a counterclaim, set-off or cross-demand.']

Ratio Decidendi

Having regard to the problems with the diary evidence relied on by the debtor and the unchallenged evidence of the applicant's solicitor about discussions on 10 and 11 September 1999, the Court found on balance that the bankruptcy notice was served as alleged. It followed that the debtor committed the act of bankruptcy on 5 October 1999 as alleged in the petition.

Court Disposition

Declaration made that an act of bankruptcy was committed; matter referred to a Registrar for determination of whether a sequestration order ought to be made.

Orders

  • ['An act of bankruptcy was committed by the debtor on 5 October 1999 as alleged in paragraph 4 of the petition.' 'The matter be referred to a Registrar for determination of the question of whether a sequestration order ought to be made.']