Re Cruickshank, Allan Urquhart Ex parte Green, Robert Andrew v. Widdows, Ronald Dennis [1980] FCA 165

Re Cruickshank, Allan Urquhart Ex parte Green, Robert Andrew v. Widdows, Ronald Dennis [1980] FCA 165

The Bill of Sale was not rendered invalid by the writ of fieri facias under s 82 of the Goods Act 1958, and the applicant, assignee of the secured claim, was entitled to admission of the proof of debt as a secured creditor.

Parties
Debtor: Allan Urquhart Cruickshank; Applicant: Robert Andrew Green; Respondent: Ronald Dennis Widdows
Jurisdiction
Australia
Judgment Date
30 October 1980
Procedural Posture
Bankruptcy Appeal / Judgment at First Instance
Outcome
Decision of trustee reversed; proof of debt admitted.
Legal Topics
Proof of Debt, Secured Creditors, Bill of Sale, Deed of Arrangement
Bankruptcy Proof of Debt Secured Creditors Bill of Sale Deed of Arrangement

Case Brief

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Parties

Allan Urquhart Cruickshank

Debtor

Robert Andrew Green

Applicant

Ronald Dennis Widdows

Respondent

Procedural Posture

Bankruptcy Appeal / Judgment at First Instance

Legal Issues

  1. 1 Whether the Bill of Sale is invalid under s 82 of the Goods Act 1958 (Vic)
  2. 2 Whether the respondent trustee ought to admit the proof of debt as a secured claim
  3. 3 Effect of writ of fieri facias on the debtor's ability to pledge goods

Ratio Decidendi

The Bill of Sale was not rendered invalid by the writ of fieri facias under s 82 of the Goods Act 1958, and the applicant, assignee of the secured claim, was entitled to admission of the proof of debt as a secured creditor.

Court Disposition

Decision of trustee reversed; proof of debt admitted.

Orders

  • Decision of respondent trustee partially rejecting proof of debt be reversed and applicant's proof of debt admitted.
  • Costs of applicant, of and incidental to application, paid out of estate, to be taxed if not agreed.