Curtis v Dimitriou [2012] FCA 604

Curtis v Dimitriou [2012] FCA 604

In the present circumstances, a sequestration order should be made as the respondent has not appealed, set aside, or satisfied a current judgment debt. The existence of pending or contemplated litigation and asserted assets does not suffice to prevent the making of a sequestration order.

Jurisdiction
Australia
Judgment Date
30 May 2012
Procedural Posture
Creditor's Petition for Sequestration Order / Judgment and Orders Granted
Outcome
Sequestration order granted against the estate of Georgina Dimitriou; applicant creditor's costs to be taxed and paid from the estate.
Legal Topics
['sequestration Order' 'act of Bankruptcy' "creditor's Petition" 'outstanding Judgment Debt']
['bankruptcy'] ['sequestration Order' 'act of Bankruptcy' "creditor's Petition" 'outstanding Judgment Debt']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Creditor's Petition for Sequestration Order / Judgment and Orders Granted

Legal Issues

  1. 1 ['Whether a sequestration order should be made against the estate of Georgina Dimitriou' 'Whether pending litigation or asserted counter-claims constitute grounds not to make a sequestration order']

Ratio Decidendi

In the present circumstances, a sequestration order should be made as the respondent has not appealed, set aside, or satisfied a current judgment debt. The existence of pending or contemplated litigation and asserted assets does not suffice to prevent the making of a sequestration order.

Court Disposition

Sequestration order granted against the estate of Georgina Dimitriou; applicant creditor's costs to be taxed and paid from the estate.

Orders

  • ['A sequestration order be made against the estate of Georgina Dimitriou.' "The applicant creditor's costs be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth)."]