Re: Williams; Ex Parte: Williams Snr. v Credit Union Australia Ltd [1996] FCA 1207
No sufficient evidentiary basis was established to disturb or go behind the District Court judgment; none of the matters applied for, including cessation of liability, improper service, or prohibition on contact, could be legitimately upheld.
- Parties
- Debtor: Eric John Williams; Debtor: Ellen Ada Williams; Applicant: Eric Williams Snr.; Creditor: Credit Union Australia
- Jurisdiction
- Australia
- Judgment Date
- 15 April 1996
- Procedural Posture
- Bankruptcy Application / Application for Orders/declarations Before the Court
- Outcome
- application dismissed
- Legal Topics
- Challenge to Debtor Liability, Guarantees Under Lease, Service of Summons, Jurisdiction to Prohibit Contact
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Eric John Williams
Debtor
Ellen Ada Williams
Debtor
Eric Williams Snr.
Applicant
Credit Union Australia
Creditor
Procedural Posture
Bankruptcy Application / Application for Orders/declarations Before the Court
Legal Issues
- 1 Whether the liability of Eric John Williams and/or Ellen Ada Williams as guarantors ceased when the lease was surrendered
- 2 Whether summonses had been validly served on the debtors
- 3 Whether Mrs Williams' status as a former company officer affected liability as guarantor
Ratio Decidendi
No sufficient evidentiary basis was established to disturb or go behind the District Court judgment; none of the matters applied for, including cessation of liability, improper service, or prohibition on contact, could be legitimately upheld.
Court Disposition
application dismissed
Orders
- Application dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment