Re Mustafa, Kani Ex Parte Galbally & O'Bryan [1996] FCA 3

Re Mustafa, Kani Ex Parte Galbally & O'Bryan [1996] FCA 3

Debtor's undertaking precluded further opposition to the sequestration order as no arrangements acceptable to the creditors were made; thus, a sequestration order was granted.

Parties
Debtor: Kani Mustafa; Petitioning Creditor: Galbally & O'Bryan (a firm); Supporting Creditor: Commonwealth Bank; Supporting Creditor: Citibank
Jurisdiction
Australia
Judgment Date
11 January 1996
Procedural Posture
Creditor's Petition / Judgment on Application for Sequestration Order
Outcome
sequestration order made
Legal Topics
Creditor's Petition, Adjournment, Sequestration Order, Undertakings to the Court
Bankruptcy Creditor's Petition Adjournment Sequestration Order Undertakings to the Court

Case Brief

Summary, issues, holding and outcome

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Parties

Kani Mustafa

Debtor

Galbally & O'Bryan (a firm)

Petitioning Creditor

Commonwealth Bank

Supporting Creditor

Citibank

Supporting Creditor

Procedural Posture

Creditor's Petition / Judgment on Application for Sequestration Order

Legal Issues

  1. 1 Whether further adjournment of creditor's petition should be granted
  2. 2 Whether debtor's undertaking precludes further opposition to sequestration order

Ratio Decidendi

Debtor's undertaking precluded further opposition to the sequestration order as no arrangements acceptable to the creditors were made; thus, a sequestration order was granted.

Court Disposition

sequestration order made

Orders

  • sequestration order made against Kani Mustafa