Geary, F. v. Feez Ruthning & Co. [1984] FCA 405
A petitioning creditor is not required to accept tender of payment from the debtor after presentation of bankruptcy petition; the creditor may proceed with the petition. The debtor's payment tender acknowledges indebtedness and does not affect the validity or finality of the judgment upon which the petition is based.
- Parties
- Debtor: Frank Geary; Petitioning Creditor: Feez Ruthning and Co.
- Jurisdiction
- Australia
- Judgment Date
- 16 August 1984
- Procedural Posture
- Bankruptcy / Application for Sequestration Order
- Outcome
- sequestration order made against debtor's estate
- Legal Topics
- Finality of Judgment, Petitioning Creditor's Rights, Tender of Payment After Petition
Case Brief
Summary, issues, holding and outcome
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Parties
Frank Geary
Debtor
Feez Ruthning and Co.
Petitioning Creditor
Procedural Posture
Bankruptcy / Application for Sequestration Order
Legal Issues
- 1 Whether the petitioning creditor is required to accept tender of payment after presentation of bankruptcy petition
- 2 Finality of judgment debt founding creditor's petition
Ratio Decidendi
A petitioning creditor is not required to accept tender of payment from the debtor after presentation of bankruptcy petition; the creditor may proceed with the petition. The debtor's payment tender acknowledges indebtedness and does not affect the validity or finality of the judgment upon which the petition is based.
Court Disposition
sequestration order made against debtor's estate
Orders
- A sequestration order is made against the estate of Frank Geary.
- The petitioning creditor's costs of and incidental to this petition be taxed and paid in accordance with the Act.
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