Re MacPhee, Kenneth Ex Parte MacPhee, Kenneth Re MacPhee, Kenneth Ex Parte Sailington Pty Ltd [1996] FCA 428

Re MacPhee, Kenneth Ex Parte MacPhee, Kenneth Re MacPhee, Kenneth Ex Parte Sailington Pty Ltd [1996] FCA 428

Because the creditor's petition had not been served on Mr MacPhee, the petitioning creditor consented to dismissal against him on terms protecting its costs, the debtor's petition was before the Court for directions, and s 156A supported relying on the earlier filed trustee consents rather than Mr Jefferson's later consent, the Court dismissed the creditor's petition as against both debtors, directed the Registrar to accept Mr MacPhee's debtor's petition, and made the stated costs orders.

Jurisdiction
Australia
Judgment Date
13 May 1996
Procedural Posture
Bankruptcy Petitions / Directions and Reasons for Judgment
Outcome
Creditor's petition dismissed as against both debtors; Registrar directed to accept Kenneth Peter MacPhee's debtor's petition; costs ordered in favour of Sailington Pty Ltd against Kenneth Peter MacPhee's estate as specified; no order as to costs against Rodney Frederick Hardacre.
Legal Topics
["creditor's Petition" "debtor's Petition" "acceptance of Debtor's Petition" 'trustee Consent' 'costs of Petitioning Creditor']
['bankruptcy and Insolvency'] ["creditor's Petition" "debtor's Petition" "acceptance of Debtor's Petition" 'trustee Consent' 'costs of Petitioning Creditor']

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Procedural Posture

Bankruptcy Petitions / Directions and Reasons for Judgment

Legal Issues

  1. 1 ["Whether creditor's petition No QP 132 of 1996 should be dismissed as against Kenneth Peter MacPhee and Rodney Frederick Hardacre." "Whether the Registrar should be directed to accept Kenneth Peter MacPhee's debtor's petition No QP 254 of 1996." 'Whether the more recent consent by Phillip Gregory Jefferson to act as trustee should be permitted to be filed.' "What costs orders should be made in relation to Sailington Pty Ltd's creditor's petition."]

Ratio Decidendi

Because the creditor's petition had not been served on Mr MacPhee, the petitioning creditor consented to dismissal against him on terms protecting its costs, the debtor's petition was before the Court for directions, and s 156A supported relying on the earlier filed trustee consents rather than Mr Jefferson's later consent, the Court dismissed the creditor's petition as against both debtors, directed the Registrar to accept Mr MacPhee's debtor's petition, and made the stated costs orders.

Court Disposition

Creditor's petition dismissed as against both debtors; Registrar directed to accept Kenneth Peter MacPhee's debtor's petition; costs ordered in favour of Sailington Pty Ltd against Kenneth Peter MacPhee's estate as specified; no order as to costs against Rodney Frederick Hardacre.

Orders

  • ["The first creditor's petition No. QP 132 of 1996 be dismissed as against both Kenneth Peter MacPhee and Rodney Frederick Hardacre." "The Registrar accept the petition No. QP 254 of 1996, being the debtor's petition of Mr MacPhee presented on 17 April 1996." 'The costs of the petitioning creditor, Sailington Pty...