Sweeney v Moss [1999] FCA 1069

Sweeney v Moss [1999] FCA 1069

Mr Moss did not provide sufficient evidence to dispute his identity as the person subject to the judgment and sequestration order given his execution of a deed of settlement and absence of timely challenge; his motion is dismissed.

Jurisdiction
Australia
Judgment Date
04 August 1999
Procedural Posture
Motion to Discharge Summons for Public Examination / Decision on Motion
Outcome
Motion dismissed except as to declaration of identity.
Legal Topics
['annulment of Sequestration Order' 'public Examination of Bankrupt' 'deed of Settlement']
['bankruptcy'] ['annulment of Sequestration Order' 'public Examination of Bankrupt' 'deed of Settlement']

Case Brief

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Procedural Posture

Motion to Discharge Summons for Public Examination / Decision on Motion

Legal Issues

  1. 1 ['Whether Mr Moss is the person named in the judgment and sequestration order' 'Whether grounds exist to annul the sequestration order']

Ratio Decidendi

Mr Moss did not provide sufficient evidence to dispute his identity as the person subject to the judgment and sequestration order given his execution of a deed of settlement and absence of timely challenge; his motion is dismissed.

Court Disposition

Motion dismissed except as to declaration of identity.

Orders

  • ['The Court declares that Geoffrey Leonard Wilberforce Moss who appeared in these proceedings is Geoff Moss referred to in the Magistrates Court judgment of 21 March 1995 and the sequestration order made on 18 October 1995.' 'The motion brought by Mr Moss will otherwise be dismissed.']