Re Coci, Joseph & Ors Ex Parte Barwick Management Pty Ltd [1997] FCA 927

Re Coci, Joseph & Ors Ex Parte Barwick Management Pty Ltd [1997] FCA 927

The debtors, although undisputed insolvents who committed acts of bankruptcy, have established that the cross-claim in the Supreme Court proceedings is bona fide and substantial enough to constitute sufficient cause why a sequestration order ought not to be made against their estates until the cross-claim is resolved. Thus, the creditor's petition is dismissed in accordance with s 52(2)(b) Bankruptcy Act 1966 (Cth).

Parties
Creditor: Barwick Management Pty Ltd (ACN 008 764 770); Debtor: Joseph Coci; Debtor: Helen Joy Coci; Debtor: Ernest Rampellini; Debtor: Jennifer Anne Rampellini
Jurisdiction
Australia
Judgment Date
10 September 1997
Procedural Posture
Creditor's Petition in Bankruptcy / Judgment on Petition for Sequestration Order
Outcome
Petition dismissed (sequestration order not made)
Legal Topics
Creditor's Petition, Cross Claim, Sufficient Cause, Sequestration Order
Bankruptcy Creditor's Petition Cross Claim Sufficient Cause Sequestration Order

Case Brief

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Parties

Barwick Management Pty Ltd (ACN 008 764 770)

Creditor

Joseph Coci

Debtor

Helen Joy Coci

Debtor

Ernest Rampellini

Debtor

Jennifer Anne Rampellini

Debtor

Procedural Posture

Creditor's Petition in Bankruptcy / Judgment on Petition for Sequestration Order

Legal Issues

  1. 1 Whether the debtors have established sufficient cause why sequestration order ought not to be made under s 52(2)(b) Bankruptcy Act 1966 (Cth)
  2. 2 Whether the debtors have a substantial cross-claim against the creditor
  3. 3 Whether the relationship and pleadings regarding Barwick Management Pty Ltd and Barwick Partners support the cross-claim

Ratio Decidendi

The debtors, although undisputed insolvents who committed acts of bankruptcy, have established that the cross-claim in the Supreme Court proceedings is bona fide and substantial enough to constitute sufficient cause why a sequestration order ought not to be made against their estates until the cross-claim is resolved. Thus, the creditor's petition is dismissed in accordance with s 52(2)(b) Bankruptcy Act 1966 (Cth).

Court Disposition

Petition dismissed (sequestration order not made)

Orders

  • Unless within 7 days the parties agree the orders, the matter be listed for orders on 23 September 1997 at 12.15pm.
  • Counsel to be heard as to costs.