Mader, Re F.H. Henderson, Ex Parte L.E. [1986] FCA 303

Mader, Re F.H. Henderson, Ex Parte L.E. [1986] FCA 303

On the present material, the respondent should be treated as a creditor for the purpose of s.50(1) Bankruptcy Act, there is sufficient evidence of an act of bankruptcy, and it is necessary in the interests of creditors for the trustee to retain control. The application to set aside the ex parte order is dismissed.

Parties
Applicant: Fritz Heinrich Mader; Respondent: Lloyd Edward Henderson
Jurisdiction
Australia
Judgment Date
17 July 1986
Procedural Posture
Bankruptcy Application / Interlocutory Application to Set Aside Ex Parte Order
Outcome
application dismissed
Legal Topics
Creditor's Petition, Act of Bankruptcy, Personal Liability of Director, Execution Under Company Seal, Trustee Control of Property, Setting Aside Ex Parte Orders
Bankruptcy Corporate Law Creditor's Petition Act of Bankruptcy Personal Liability of Director Execution Under Company Seal Trustee Control of Property Setting Aside Ex Parte Orders

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Parties

Fritz Heinrich Mader

Applicant

Lloyd Edward Henderson

Respondent

Procedural Posture

Bankruptcy Application / Interlocutory Application to Set Aside Ex Parte Order

Legal Issues

  1. 1 Whether the respondent is a 'creditor' for purposes of s.50(1) Bankruptcy Act
  2. 2 Whether the ex parte order should be set aside for lack of necessity
  3. 3 Whether an act of bankruptcy has occurred

Ratio Decidendi

On the present material, the respondent should be treated as a creditor for the purpose of s.50(1) Bankruptcy Act, there is sufficient evidence of an act of bankruptcy, and it is necessary in the interests of creditors for the trustee to retain control. The application to set aside the ex parte order is dismissed.

Court Disposition

application dismissed

Orders

  • The application to set aside the order of Moynihan J. of 20 June 1986 is dismissed.
  • The summonses issued under s.50(2) of the Bankruptcy Act proceed at a time to be fixed by the Registrar.