Re Fletcher, Neil Edward Ex Parte Hanimex Pty Ltd [1984] FCA 231

Re Fletcher, Neil Edward Ex Parte Hanimex Pty Ltd [1984] FCA 231

The guarantee given by Neil Fletcher was personal and covered existing (past) debts as well as future debts; the trustee's rejection of the proof of debt was set aside.

Parties
Debtor: Neil Edward Fletcher; Applicant: Hanimex Pty. Limited; Trustee: Trustee
Jurisdiction
Australia
Judgment Date
10 August 1984
Procedural Posture
Application Under Bankruptcy Act S.104(1) / Appeal From Trustee's Decision
Outcome
application allowed; trustee's decision set aside; matter remitted
Legal Topics
Proof of Debt, Guarantee, Director's Guarantee, Scope of Guarantee
Bankruptcy Proof of Debt Guarantee Director's Guarantee Scope of Guarantee

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Parties

Neil Edward Fletcher

Debtor

Hanimex Pty. Limited

Applicant

Trustee

Trustee

Procedural Posture

Application Under Bankruptcy Act S.104(1) / Appeal From Trustee's Decision

Legal Issues

  1. 1 Whether the guarantee was personal or given in the capacity of director
  2. 2 Whether the guarantee covered debts already incurred or only future debts

Ratio Decidendi

The guarantee given by Neil Fletcher was personal and covered existing (past) debts as well as future debts; the trustee's rejection of the proof of debt was set aside.

Court Disposition

application allowed; trustee's decision set aside; matter remitted

Orders

  • The application be allowed.
  • The decision of the trustee rejecting the applicant's proof of debt be set aside.