Re Lory, F.J. & Anor v. Ex parte Stevens, H.F. [1987] FCA 477
Leave to commence proceedings in the Supreme Court of Queensland is granted as the practical course, given uncertainty as to whether the claims arise by reason of a contract and whether they are provable debts under the Bankruptcy Act.
- Jurisdiction
- Australia
- Judgment Date
- 03 September 1987
- Procedural Posture
- Bankruptcy Proceeding / Application for Leave to Commence Action
- Outcome
- leave granted to commence proceedings
- Legal Topics
- ['leave to Commence Proceedings Against Bankrupt' 'provable Debt' 'damages']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Bankruptcy Proceeding / Application for Leave to Commence Action
Legal Issues
- 1 ["Whether the applicant's proposed claims are in respect of a provable debt under the Bankruptcy Act 1966" 'Whether leave should be granted under s.58(3)(b) of the Bankruptcy Act 1966 to commence proceedings against the bankrupt']
Ratio Decidendi
Leave to commence proceedings in the Supreme Court of Queensland is granted as the practical course, given uncertainty as to whether the claims arise by reason of a contract and whether they are provable debts under the Bankruptcy Act.
Court Disposition
leave granted to commence proceedings
Orders
- ["The applicant have leave to commence proceedings in the Supreme Court of Queensland against Frederick Joseph Lory by writ in or substantially in the form marked 'A' annexed to the affidavit of Peter John Luscombe filed herein."]
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