Green v Solomon [2001] FCA 698

Green v Solomon [2001] FCA 698

The date in paragraph 4 of the petition was a mistake because time for compliance with the bankruptcy notice had been extended to 5 December 2000, and Mr Solomon suffered no prejudice from the error because he knew of the extensions and was no worse off than if the correct date had been pleaded initially. The Court was satisfied of the other matters required by s 52 of the Bankruptcy Act 1966, so leave to amend was granted and a sequestration order was made.

Jurisdiction
Australia
Judgment Date
05 June 2001
Procedural Posture
Bankruptcy Creditor's Petition / Application for Leave to Amend Creditor's Petition and for Sequestration Order
Outcome
Leave to amend the creditor's petition was granted, service of the amended petition was dispensed with, and a sequestration order was made against the estate of David Solomon.
Legal Topics
["creditor's Petition" 'bankruptcy Notice' 'act of Bankruptcy' 'sequestration Order' 'amendment of Petition']
['bankruptcy'] ["creditor's Petition" 'bankruptcy Notice' 'act of Bankruptcy' 'sequestration Order' 'amendment of Petition']

Case Brief

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Procedural Posture

Bankruptcy Creditor's Petition / Application for Leave to Amend Creditor's Petition and for Sequestration Order

Legal Issues

  1. 1 ['Whether the petitioning creditors should be granted leave to amend paragraph 4 of the bankruptcy petition to substitute 5 December 2000 for 6 November 2000 as the date of the act of bankruptcy.' "Whether service of the amended creditor's petition should be dispensed with." 'Whether the requirements for making a sequestration order against the estate of David Solomon were satisfied.']

Ratio Decidendi

The date in paragraph 4 of the petition was a mistake because time for compliance with the bankruptcy notice had been extended to 5 December 2000, and Mr Solomon suffered no prejudice from the error because he knew of the extensions and was no worse off than if the correct date had been pleaded initially. The Court was satisfied of the other matters required by s 52 of the Bankruptcy Act 1966, so leave to amend was granted and a sequestration order was made.

Court Disposition

Leave to amend the creditor's petition was granted, service of the amended petition was dispensed with, and a sequestration order was made against the estate of David Solomon.

Orders

  • ['The Applicant Creditor be given leave to amend the Creditor\'s Petition by deleting the words "6th day of November 2000" in paragraph 4 thereof and inserting the words "5th day of December 2000" in lieu thereof.' "The need for service of the amended Creditor's Petition upon the Respondent Debtor be dispensed...