Re Barnes, R. v Ex parte Makhoul, J.E. [1995] FCA 347

Re Barnes, R. v Ex parte Makhoul, J.E. [1995] FCA 347

There are good reasons for doubting that the debtor is truly indebted to the petitioning creditor on the basis on which the judgment was obtained; accordingly, the court is not satisfied that a debt exists, and the petition must be dismissed.

Parties
Debtor: Robyn Barnes also known as Robyn Lesley Makhoul; Creditor: Jacques Ezzat Makhoul
Jurisdiction
Australia
Judgment Date
30 May 1995
Procedural Posture
Creditor's Petition / Reasons for Judgment and Orders Following Final Hearing
Outcome
petition dismissed
Legal Topics
Going Behind Judgment, Sequestration Order, Proof of Debt in Bankruptcy, Delay and Procedural Conduct
Bankruptcy Going Behind Judgment Sequestration Order Proof of Debt in Bankruptcy Delay and Procedural Conduct

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Parties

Robyn Barnes also known as Robyn Lesley Makhoul

Debtor

Jacques Ezzat Makhoul

Creditor

Procedural Posture

Creditor's Petition / Reasons for Judgment and Orders Following Final Hearing

Legal Issues

  1. 1 Whether the court should go behind a judgment debt on which a creditor's petition is based
  2. 2 Whether there is truly a debt owing by the debtor to the creditor

Ratio Decidendi

There are good reasons for doubting that the debtor is truly indebted to the petitioning creditor on the basis on which the judgment was obtained; accordingly, the court is not satisfied that a debt exists, and the petition must be dismissed.

Court Disposition

petition dismissed

Orders

  • The creditor's petition is dismissed.
  • The debtor pay the petitioning creditor's costs of and incidental to the hearing of 15 May, 1995.