Ray v Perrett [2007] FCA 1624

Ray v Perrett [2007] FCA 1624

Because the matter was before the Court for directions only and the 18 matters stated in the respondent's motion did not appear to answer the description of questions of fact within s 30(3) of the Bankruptcy Act 1966 (Cth), the Court granted the respondent leave to file an amended motion, set directions for affidavit evidence, and fixed the motion for hearing before dealing with the Creditor's Petition.

Jurisdiction
Australia
Judgment Date
11 October 2007
Procedural Posture
Creditor's Petition Seeking a Sequestration Order / Directions on Respondent's Notice of Motion Filed 8 October 2007
Outcome
Directions made; respondent granted leave to file and serve an Amended Notice of Motion; Notice of Motion and any Amended Notice of Motion fixed for hearing on 26 October 2007.
Legal Topics
["creditor's Petition" 'bankruptcy Notice' 'act of Bankruptcy' 'application for Jury Trial on Questions of Fact' 'representation by Agent' 'directions']
['bankruptcy' 'civil Procedure'] ["creditor's Petition" 'bankruptcy Notice' 'act of Bankruptcy' 'application for Jury Trial on Questions of Fact' 'representation by Agent' 'directions']

Case Brief

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Procedural Posture

Creditor's Petition Seeking a Sequestration Order / Directions on Respondent's Notice of Motion Filed 8 October 2007

Legal Issues

  1. 1 ['Whether the respondent should be granted leave to file and serve an Amended Notice of Motion seeking trial by jury of questions of fact.' "Whether the respondent's Notice of Motion filed 8 October 2007 should be listed for hearing with directions for affidavit evidence." 'Whether the respondent could appear by an agent for the directions hearing.']

Ratio Decidendi

Because the matter was before the Court for directions only and the 18 matters stated in the respondent's motion did not appear to answer the description of questions of fact within s 30(3) of the Bankruptcy Act 1966 (Cth), the Court granted the respondent leave to file an amended motion, set directions for affidavit evidence, and fixed the motion for hearing before dealing with the Creditor's Petition.

Court Disposition

Directions made; respondent granted leave to file and serve an Amended Notice of Motion; Notice of Motion and any Amended Notice of Motion fixed for hearing on 26 October 2007.

Orders

  • ['Grants leave to the respondent to file and serve such Amended Notice of Motion as he may be advised on or before 19 October 2007.' 'Directs the respondent to file and serve any affidavits on which he wishes to rely on the hearing of the Notice of Motion or an Amended Notice of Motion on or before 19 October 2007.'...