Re Egar, T. v. Ex Parte K.R. & J.Secombe Pty Ltd [1986] FCA 422

Re Egar, T. v. Ex Parte K.R. & J.Secombe Pty Ltd [1986] FCA 422

The petition was dismissed because it was lodged for filing before the act of bankruptcy had been committed, which is not a formal defect or irregularity within the meaning of s.306(1) of the Bankruptcy Act 1966.

Parties
Debtor: Terry Egar; Creditor/petitioner: K.R. & J. Secombe Pty. Limited
Jurisdiction
Australia
Judgment Date
23 September 1986
Procedural Posture
Bankruptcy Petition / Judgment on Uncontested Petition
Outcome
petition dismissed
Legal Topics
Presentation of Bankruptcy Petition, Act of Bankruptcy Timing, Formal Defect or Irregularity Under Bankruptcy Act
Bankruptcy Presentation of Bankruptcy Petition Act of Bankruptcy Timing Formal Defect or Irregularity Under Bankruptcy Act

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Parties

Terry Egar

Debtor

K.R. & J. Secombe Pty. Limited

Creditor/petitioner

Procedural Posture

Bankruptcy Petition / Judgment on Uncontested Petition

Legal Issues

  1. 1 Whether lodging a bankruptcy petition one day before the act of bankruptcy constitutes a formal defect or irregularity under s.306(1) of the Bankruptcy Act 1966
  2. 2 Whether the petition should be dismissed due to premature filing

Ratio Decidendi

The petition was dismissed because it was lodged for filing before the act of bankruptcy had been committed, which is not a formal defect or irregularity within the meaning of s.306(1) of the Bankruptcy Act 1966.

Court Disposition

petition dismissed

Orders

  • The Petition be dismissed.
  • No order as to costs.