Child & Henry Publishing Pty Ltd v. Cairns, D. [1987] FCA 273

Child & Henry Publishing Pty Ltd v. Cairns, D. [1987] FCA 273

On the basis of all the material before the court, there are no substantial reasons for questioning the existence of the debt; Mr. Cairns is really and truly indebted to the petitioning creditor, and the court should not go behind the judgment.

Parties
Judgment Debtor: David Cairns; Petitioning Creditor: Child & Henry Publishing Pty. Limited
Jurisdiction
Australia
Judgment Date
25 May 1987
Procedural Posture
Contested Creditor's Petition / Judgment
Outcome
Creditors' petition upheld; the Court will not go behind the judgment.
Legal Topics
Going Behind Judgment, Default Judgment, Personal Liability Vs Company Liability
Bankruptcy Going Behind Judgment Default Judgment Personal Liability Vs Company Liability

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 4 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

David Cairns

Judgment Debtor

Child & Henry Publishing Pty. Limited

Petitioning Creditor

Procedural Posture

Contested Creditor's Petition / Judgment

Legal Issues

  1. 1 Whether the Court should go behind the default judgment debt underpinning the creditor’s bankruptcy petition
  2. 2 Whether the debt is owed by David Cairns personally or by David Cairns and Associates Pty. Ltd.

Ratio Decidendi

On the basis of all the material before the court, there are no substantial reasons for questioning the existence of the debt; Mr. Cairns is really and truly indebted to the petitioning creditor, and the court should not go behind the judgment.

Court Disposition

Creditors' petition upheld; the Court will not go behind the judgment.