Re De Pellegrin, Stephen & Anor v Ex Parte Boral Resources (Vic) Pty Ltd t/as Boral Concrete [1996] FCA 832

Re De Pellegrin, Stephen & Anor v Ex Parte Boral Resources (Vic) Pty Ltd t/as Boral Concrete [1996] FCA 832

None of the debtors’ grounds of opposition have been made out; the petitioning creditor is entitled to sequestration orders as proper procedures were followed, and the debtors have not disproved their inability to pay their debts.

Parties
Petitioning Creditor: Boral Resources (Vic) Pty Limited trading as Boral Concrete; First Debtor: Stephen De Pellegrin; Second Debtor: David De Pellegrin; Supporting Creditor: Supporting Creditor
Jurisdiction
Australia
Judgment Date
11 September 1996
Procedural Posture
Creditor's Petition (bankruptcy) / Judgment on Opposition to Sequestration Order
Outcome
Sequestration order made against estates of both debtors.
Legal Topics
Creditor's Petition, Guarantees, Substituted Service, Bankruptcy Notice, Sequestration Order
Bankruptcy Creditor's Petition Guarantees Substituted Service Bankruptcy Notice Sequestration Order

Case Brief

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Parties

Boral Resources (Vic) Pty Limited trading as Boral Concrete

Petitioning Creditor

Stephen De Pellegrin

First Debtor

David De Pellegrin

Second Debtor

Supporting Creditor

Supporting Creditor

Procedural Posture

Creditor's Petition (bankruptcy) / Judgment on Opposition to Sequestration Order

Legal Issues

  1. 1 Whether the debtors are able to pay their debts as they fall due
  2. 2 Whether proper service of the bankruptcy notice and petition was effected
  3. 3 Whether to go behind the Magistrates' Court judgment on which the bankruptcy notice was founded

Ratio Decidendi

None of the debtors’ grounds of opposition have been made out; the petitioning creditor is entitled to sequestration orders as proper procedures were followed, and the debtors have not disproved their inability to pay their debts.

Court Disposition

Sequestration order made against estates of both debtors.

Orders

  • Sequestration orders against the estates of Stephen De Pellegrin and David De Pellegrin
  • Costs of the petitioning creditor and supporting creditor, including reserved costs and supporting creditor's costs of 14 August 1996, to be taxed and paid out of the bankrupt estates as provided by statute