Hudson, Robert Jnr v Whalan, Stephen William Michael & Anor [1998] FCA 1064

Hudson, Robert Jnr v Whalan, Stephen William Michael & Anor [1998] FCA 1064

The application for annulment failed because the Applicant was hopelessly insolvent, the petitioning creditor had established the circumstances founding the sequestration order, the outstanding special leave application did not make the order one that ought not to have been made, and the absence or unlikelihood of a dividend to creditors was not a reason to refuse or annul a sequestration order.

Jurisdiction
Australia
Judgment Date
18 August 1998
Procedural Posture
Bankruptcy Application for Annulment of a Sequestration Order / Application Before a Single Judge to Annul a Sequestration Order Made by Another Single Judge
Outcome
Application dismissed.
Legal Topics
['annulment of Sequestration Order' 'bankruptcy Notice' 'hopeless Insolvency' 'discretion to Make Sequestration Order' 'costs']
['bankruptcy'] ['annulment of Sequestration Order' 'bankruptcy Notice' 'hopeless Insolvency' 'discretion to Make Sequestration Order' 'costs']

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Procedural Posture

Bankruptcy Application for Annulment of a Sequestration Order / Application Before a Single Judge to Annul a Sequestration Order Made by Another Single Judge

Legal Issues

  1. 1 ['Whether the sequestration order made by Tamberlin J ought not to have been made and should be annulled.' 'Whether an outstanding application for special leave to appeal to the High Court concerning the bankruptcy notice justified annulment.' 'Whether a sequestration order should be resisted or annulled where the bankrupt is hopelessly insolvent and there is little prospect of a dividend to creditors.']

Ratio Decidendi

The application for annulment failed because the Applicant was hopelessly insolvent, the petitioning creditor had established the circumstances founding the sequestration order, the outstanding special leave application did not make the order one that ought not to have been made, and the absence or unlikelihood of a dividend to creditors was not a reason to refuse or annul a sequestration order.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The Applicant pay the costs of the Respondents and the Official Trustee.']