Re Schierholter, P.A. & Anor v Ex Parte Geis, W. [1978] FCA 14

Re Schierholter, P.A. & Anor v Ex Parte Geis, W. [1978] FCA 14

The bankruptcy notice was invalid because it understated the amount due under the judgment by omitting part of the costs and did not make clear that nothing further was claimed, and there was no waiver of the excess.

Parties
Appellant: Peter Adrian Schierholter; Appellant: Judith Annette Schierholter; Respondent: William Geis
Jurisdiction
Australia
Judgment Date
15 March 1978
Procedural Posture
Bankruptcy Appeal / Appeal From Sequestration Order
Outcome
Appeal allowed
Legal Topics
Bankruptcy Notice Validity, Understatement of Judgment Debt, Costs in Bankruptcy Proceedings, Admission of New Evidence on Appeal
Bankruptcy Bankruptcy Notice Validity Understatement of Judgment Debt Costs in Bankruptcy Proceedings Admission of New Evidence on Appeal

Case Brief

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Parties

Peter Adrian Schierholter

Appellant

Judith Annette Schierholter

Appellant

William Geis

Respondent

Procedural Posture

Bankruptcy Appeal / Appeal From Sequestration Order

Legal Issues

  1. 1 Whether understatement of the amount in the bankruptcy notice invalidated the notice
  2. 2 Whether new evidence may be introduced on appeal affecting the validity of the bankruptcy notice
  3. 3 Whether refusal to adjourn hearing was in error

Ratio Decidendi

The bankruptcy notice was invalid because it understated the amount due under the judgment by omitting part of the costs and did not make clear that nothing further was claimed, and there was no waiver of the excess.

Court Disposition

Appeal allowed

Orders

  • Sequestration order made in respect of each appellant's estate set aside
  • Appellants to pay the respondent's costs of proceedings before Sweeney J.