Cummings v Raeffaele [2000] FCA 675

Cummings v Raeffaele [2000] FCA 675

The District Court's orders, confirming the Local Court costs and ordering costs of the appeal, together formed a single final judgment for the purposes of s 40(1)(g) of the Bankruptcy Act 1966 (Cth), and thus the bankruptcy notice was valid.

Parties
Applicant: Mervyn Cummings; Respondent: Tindaro Raeffaele
Jurisdiction
Australia
Judgment Date
30 June 2000
Procedural Posture
Bankruptcy / Application for Sequestration Order
Outcome
Sequestration order made against the estate of Tindaro Raeffaele.
Legal Topics
Bankruptcy Notice, Judgment Debt, Sequestration Order, Costs Orders, Appeal Procedure
Bankruptcy Bankruptcy Notice Judgment Debt Sequestration Order Costs Orders Appeal Procedure

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Parties

Mervyn Cummings

Applicant

Tindaro Raeffaele

Respondent

Procedural Posture

Bankruptcy / Application for Sequestration Order

Legal Issues

  1. 1 Whether the bankruptcy notice is based on more than one judgment debt and is therefore a nullity
  2. 2 Whether the District Court orders form a single judgment debt for bankruptcy purposes

Ratio Decidendi

The District Court's orders, confirming the Local Court costs and ordering costs of the appeal, together formed a single final judgment for the purposes of s 40(1)(g) of the Bankruptcy Act 1966 (Cth), and thus the bankruptcy notice was valid.

Court Disposition

Sequestration order made against the estate of Tindaro Raeffaele.

Orders

  • A sequestration order be made against the estate of Tindaro Raeffaele.
  • The applicant creditor's costs (including reserved costs, if any) be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth).