Wilcox v Cottrell [2001] FCA 1357

Wilcox v Cottrell [2001] FCA 1357

There are no viable grounds to withhold the making of a sequestration order; the respondent failed to establish any legal basis for setting aside the judgment and no sufficient cause was shown to prevent the order; statutory and procedural requirements for bankruptcy were satisfied.

Parties
Applicant: John Alfred Wilcox; Respondent: David Mervyn Cottrell
Jurisdiction
Australia
Judgment Date
21 September 2001
Procedural Posture
Bankruptcy Proceeding / Hearing De Novo After Remittal by Full Court
Outcome
application for sequestration order granted
Legal Topics
Sequestration Order, Abuse of Process, Non Compliance With Bankruptcy Notice, Champertous Agreement
Bankruptcy Sequestration Order Abuse of Process Non Compliance With Bankruptcy Notice Champertous Agreement

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Parties

John Alfred Wilcox

Applicant

David Mervyn Cottrell

Respondent

Procedural Posture

Bankruptcy Proceeding / Hearing De Novo After Remittal by Full Court

Legal Issues

  1. 1 Whether a sequestration order should be made against the respondent's estate
  2. 2 Whether alleged abuse of process by champertous agreement prevents bankruptcy proceedings
  3. 3 Whether failure to comply with bankruptcy notice constitutes an act of bankruptcy

Ratio Decidendi

There are no viable grounds to withhold the making of a sequestration order; the respondent failed to establish any legal basis for setting aside the judgment and no sufficient cause was shown to prevent the order; statutory and procedural requirements for bankruptcy were satisfied.

Court Disposition

application for sequestration order granted

Orders

  • A sequestration order be made against the estate of the Respondent.
  • Respondent to pay the costs of the Applicant of the proceedings.