Walker, D.G.C. & Anor v. Amev-Udc Finance Ltd [1985] FCA 554

Walker, D.G.C. & Anor v. Amev-Udc Finance Ltd [1985] FCA 554

By virtue of s.40(3)(b), the Supreme Court judgment of 28 May 1985 is deemed a final judgment for bankruptcy purposes, and the bankruptcy notice, which is confined to this judgment and clear in its requirements, is valid.

Parties
Debtor: David Gregory Charles Walker; Debtor: Christopher Neil Campbell Walker; Petitioning Creditor: AMEV-UDC Finance Limited
Jurisdiction
Australia
Judgment Date
28 October 1985
Procedural Posture
Bankruptcy Petition / Standing Over for Sequestration Orders
Outcome
Petition stood over for consideration of sequestration order; court proposes to proceed to make sequestration orders.
Legal Topics
Final Judgment, Bankruptcy Notice, Sequestration Order
Bankruptcy Final Judgment Bankruptcy Notice Sequestration Order

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

David Gregory Charles Walker

Debtor

Christopher Neil Campbell Walker

Debtor

AMEV-UDC Finance Limited

Petitioning Creditor

Procedural Posture

Bankruptcy Petition / Standing Over for Sequestration Orders

Legal Issues

  1. 1 Whether a judgment obtained on 28 May 1985 in the Supreme Court of New South Wales constitutes a 'final judgment' for the purposes of s.40(1)(g) of the Bankruptcy Act, 1966.
  2. 2 Whether the bankruptcy notice is valid given it refers only to the first of two judgments and allegedly understates the amount due.

Ratio Decidendi

By virtue of s.40(3)(b), the Supreme Court judgment of 28 May 1985 is deemed a final judgment for bankruptcy purposes, and the bankruptcy notice, which is confined to this judgment and clear in its requirements, is valid.

Court Disposition

Petition stood over for consideration of sequestration order; court proposes to proceed to make sequestration orders.

Orders

  • The petition be stood over to 29 October 1985 before the Registrar.