Street, ex parte RETRAVISION (NSW) LIMITED [1995] FCA 1014
The Court found that the debtors had abundant opportunity to file evidence supporting their opposition to the petition and to justify going behind the judgment debt but failed to do so; without such evidence, the Court is satisfied the act of bankruptcy has been proved under s52 of the Bankruptcy Act 1966 (Cth) and a sequestration order should be made.
- Jurisdiction
- Australia
- Judgment Date
- 18 July 1995
- Procedural Posture
- Creditor's Bankruptcy Petition / Final Hearing and Judgment
- Outcome
- petitions granted
- Legal Topics
- ['going Behind the Judgment Debt' 'guarantees' 'acts of Bankruptcy' 'sequestration Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Creditor's Bankruptcy Petition / Final Hearing and Judgment
Legal Issues
- 1 ['Whether the Court should go behind the judgment debt for the purposes of bankruptcy proceedings' 'Whether the debtors have proved solvency or grounds to oppose the petition' 'Whether affidavits and evidentiary material are sufficient to oppose the petition']
Ratio Decidendi
The Court found that the debtors had abundant opportunity to file evidence supporting their opposition to the petition and to justify going behind the judgment debt but failed to do so; without such evidence, the Court is satisfied the act of bankruptcy has been proved under s52 of the Bankruptcy Act 1966 (Cth) and a sequestration order should be made.
Court Disposition
petitions granted
Orders
- ['A sequestration order is made against the estates of each of the debtors.' 'Usual directions are given for filing a draft order in accordance with the rules.']
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