Christodoulou, Re E.R. Christodoulou, Ex Parte E.R. [1986] FCA 524

Christodoulou, Re E.R. Christodoulou, Ex Parte E.R. [1986] FCA 524

The evidence favoured Mrs. Christodoulou's version, supported by other witnesses, that the documents were not personally handed to her and that she was absent when they were left on a table. Since personal service had not been effected, the sequestration order must be set aside.

Parties
Applicant: Elfriede Ruth Christodoulou; Petitioning Creditor: Budget Shopfitters Pty. Ltd.
Jurisdiction
Australia
Judgment Date
11 March 1986
Procedural Posture
Bankruptcy / Application to Set Aside Sequestration Order
Outcome
Sequestration order set aside. Costs to applicant.
Legal Topics
Service of Process, Sequestration Order, Setting Aside Order
Bankruptcy Service of Process Sequestration Order Setting Aside Order

Case Brief

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Parties

Elfriede Ruth Christodoulou

Applicant

Budget Shopfitters Pty. Ltd.

Petitioning Creditor

Procedural Posture

Bankruptcy / Application to Set Aside Sequestration Order

Legal Issues

  1. 1 Whether valid service of the creditor's petition was effected on Mrs. Christodoulou
  2. 2 Whether the sequestration order made on 6 October 1986 should be set aside

Ratio Decidendi

The evidence favoured Mrs. Christodoulou's version, supported by other witnesses, that the documents were not personally handed to her and that she was absent when they were left on a table. Since personal service had not been effected, the sequestration order must be set aside.

Court Disposition

Sequestration order set aside. Costs to applicant.

Orders

  • The sequestration order made against the estate of Elfriede Ruth Christodoulou on 6 October 1986 be set aside.
  • The costs of the applicant, Mrs. Christodoulou, of and incidental to the hearing today, including the affidavits, be taxed and paid by the petitioning creditor to the applicant.