BYRNES v BURGESS & ANOR [1999] NSWSC 419

BYRNES v BURGESS & ANOR [1999] NSWSC 419

The conviction must be quashed because the plaintiff did not personally obtain goods or services by promise without disclosing bankruptcy, nor did he act alone in obtaining money for rendering services, given the evidence of company involvement and absence of proof that the company was a sham or facade.

Jurisdiction
Australia
Judgment Date
05 May 1999
Procedural Posture
Appeal / Judgment
Outcome
Conviction quashed
Legal Topics
['failure to Disclose Bankruptcy' "meaning of 'obtain Goods'" 'attempt to Obtain Goods' 'disclosure Obligations' 'company Involvement in Bankruptcy Offences']
['bankruptcy'] ['failure to Disclose Bankruptcy' "meaning of 'obtain Goods'" 'attempt to Obtain Goods' 'disclosure Obligations' 'company Involvement in Bankruptcy Offences']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff obtained goods by promising to pay without disclosing bankruptcy status' 'Whether an attempt offence was committed under s 269(1)(ac) of Bankruptcy Act 1966' 'Whether the plaintiff obtained money by promising to render services without disclosing bankruptcy' 'Importance of acting alone vs jointly with a company for s 269(1)(ad) offence']

Ratio Decidendi

The conviction must be quashed because the plaintiff did not personally obtain goods or services by promise without disclosing bankruptcy, nor did he act alone in obtaining money for rendering services, given the evidence of company involvement and absence of proof that the company was a sham or facade.

Court Disposition

Conviction quashed

Orders

  • ['Plaintiff must have his costs']