Wojtczuk, Krzystof (Male) Re Zoltowski, Arek Ex parte [1988] FCA 215

Wojtczuk, Krzystof (Male) Re Zoltowski, Arek Ex parte [1988] FCA 215

The court found, on the balance of probability, that the creditor advanced the loan as claimed, the debtor agreed to repay it and failed to do so, and that all matters set out in the petition were proved as required by section 52 of the Bankruptcy Act; therefore, a sequestration order must be made.

Parties
Debtor: Krzystof Wojtczuk; Creditor: Arek Zoltowski
Jurisdiction
Australia
Judgment Date
12 May 1988
Procedural Posture
Bankruptcy Petition / Final Hearing and Order
Outcome
petition granted; debtor's estate sequestrated
Legal Topics
Sequestration, Act of Bankruptcy, Judgment Debt, Petition Procedure, Opposition to Petition
Bankruptcy Sequestration Act of Bankruptcy Judgment Debt Petition Procedure Opposition to Petition

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Krzystof Wojtczuk

Debtor

Arek Zoltowski

Creditor

Procedural Posture

Bankruptcy Petition / Final Hearing and Order

Legal Issues

  1. 1 Did the debtor commit an act of bankruptcy?
  2. 2 Was the judgment debt validly established?
  3. 3 Should the debtor's estate be sequestrated?

Ratio Decidendi

The court found, on the balance of probability, that the creditor advanced the loan as claimed, the debtor agreed to repay it and failed to do so, and that all matters set out in the petition were proved as required by section 52 of the Bankruptcy Act; therefore, a sequestration order must be made.

Court Disposition

petition granted; debtor's estate sequestrated

Orders

  • The debtor's estate be sequestrated.
  • The costs of the petition be taxed and paid according to the Act.