Re Proberts, Robert Ex Parte Proberts, Robert v Lane, Peter Frank [1997] FCA 311

Re Proberts, Robert Ex Parte Proberts, Robert v Lane, Peter Frank [1997] FCA 311

The court was not satisfied that the proposed security was unencumbered or adequately protected the creditor's interests and therefore dismissed the application to set aside the bankruptcy notice.

Parties
Applicant: Robert Proberts; Respondent: Peter Frank Lane
Jurisdiction
Australia
Judgment Date
08 April 1997
Procedural Posture
Bankruptcy Application / Application to Set Aside Bankruptcy Notice
Outcome
application dismissed with costs
Legal Topics
Setting Aside Bankruptcy Notice, Security for Judgment Creditor
Bankruptcy Setting Aside Bankruptcy Notice Security for Judgment Creditor

Case Brief

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Parties

Robert Proberts

Applicant

Peter Frank Lane

Respondent

Procedural Posture

Bankruptcy Application / Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether the court should be satisfied with security offered by the judgment debtor to the judgment creditor under a bankruptcy notice

Ratio Decidendi

The court was not satisfied that the proposed security was unencumbered or adequately protected the creditor's interests and therefore dismissed the application to set aside the bankruptcy notice.

Court Disposition

application dismissed with costs

Orders

  • application dismissed with costs, including reserved costs