Wallin v MJB Building Services Pty Ltd [2002] FCA 426

Wallin v MJB Building Services Pty Ltd [2002] FCA 426

The appeals were dismissed because the appellants failed to demonstrate any appealable error in the making of sequestration orders, did not provide sufficient evidence of solvency or other cause for not granting the orders, and allegations of bias and factual error were unsupported and unsubstantiated.

Jurisdiction
Australia
Judgment Date
08 April 2002
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['appeals From Sequestration Orders']
['bankruptcy'] ['appeals From Sequestration Orders']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether sequestration orders against Graham Wallin and Paula Wallin should be set aside on appeal' 'Whether allegations of bias or failure to take relevant considerations into account warrant overturning the orders' 'Whether fresh evidence and supplementary documents should be admitted on appeal' 'Whether adequacy of solvency evidence affects the orders']

Ratio Decidendi

The appeals were dismissed because the appellants failed to demonstrate any appealable error in the making of sequestration orders, did not provide sufficient evidence of solvency or other cause for not granting the orders, and allegations of bias and factual error were unsupported and unsubstantiated.

Court Disposition

appeal dismissed

Orders

  • ['Each appeal be dismissed.' 'The appellants pay the costs of the respondent, including reserved costs.']