Re Henderson, N.B. & Anor Ex parte A Debtors Petition [1985] FCA 251

The court has no power to direct the Registrar to accept or amend a petition under s.56 where less than a majority of partners have presented it; therefore, the petition cannot be entertained.

Parties: Debtor: Nigel Bruce Henderson; Debtor: Marlene Henderson; Opponent: John William Henderson; Opponent: Jennifer Margaret Henderson
Jurisdiction: Australia
Judgment Date: 14 June 1985
Procedural Posture: Bankruptcy Application / Judgment and Orders on Debtor's Petition
Outcome: Registrar directed not to accept the petition; costs awarded to the opponents.
Legal Topics: Debtors' Petition, Partnership Bankruptcy, Majority of Partners Requirement

Bankruptcy Debtors' Petition Partnership Bankruptcy Majority of Partners Requirement

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Parties

Nigel Bruce Henderson

Debtor

Marlene Henderson

Debtor

John William Henderson

Opponent

Jennifer Margaret Henderson

Opponent

Procedural Posture

Bankruptcy Application / Judgment and Orders on Debtor's Petition

Legal Issues

1 Whether a debtors' petition can be presented against a partnership by less than a majority of partners under s.56 of the Bankruptcy Act 1966

Ratio Decidendi

The court has no power to direct the Registrar to accept or amend a petition under s.56 where less than a majority of partners have presented it; therefore, the petition cannot be entertained.

Court Disposition

Registrar directed not to accept the petition; costs awarded to the opponents.

Orders

Direct the Registrar not to accept the petition presented on 2 April 1985.
Order that the debtors pay the costs of John William Henderson and Jennifer Margaret Henderson of this application.