Re McMahon, John Keith Ex Parte News Ltd [1996] FCA 1152

Re McMahon, John Keith Ex Parte News Ltd [1996] FCA 1152

In the absence of any proper evidence or submissions from the Debtor and being satisfied with proof of matters under s 52(1) of the Bankruptcy Act 1966, a sequestration order should be made on the creditor's petition.

Jurisdiction
Australia
Judgment Date
20 December 1996
Procedural Posture
Bankruptcy / Hearing of Creditor's Petition Following Application to Set Aside Deed of Arrangement and Dismiss Order
Outcome
sequestration order made against debtor's estate; stay of steps pursuant to the order until 10 January 1997; leave reserved for debtor to apply to set aside the order
Legal Topics
['deed of Arrangement' "creditor's Petition" 'sequestration Order']
['bankruptcy'] ['deed of Arrangement' "creditor's Petition" 'sequestration Order']

Case Brief

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Procedural Posture

Bankruptcy / Hearing of Creditor's Petition Following Application to Set Aside Deed of Arrangement and Dismiss Order

Legal Issues

  1. 1 ['Whether deed of arrangement should be terminated' "Whether creditor's petition should be reinstated and sequestration order made"]

Ratio Decidendi

In the absence of any proper evidence or submissions from the Debtor and being satisfied with proof of matters under s 52(1) of the Bankruptcy Act 1966, a sequestration order should be made on the creditor's petition.

Court Disposition

sequestration order made against debtor's estate; stay of steps pursuant to the order until 10 January 1997; leave reserved for debtor to apply to set aside the order

Orders

  • ['Sequestration order made against the estate of John Keith McMahon.' 'Stay of all steps pursuant to the sequestration order until 10 January 1997.' 'Leave reserved for the debtor to apply, by motion and supporting affidavit(s), to set aside the sequestration order.']