Campagna, Re F. Ex Parte Climax Electric Pty Ltd [1986] FCA 612

Campagna, Re F. Ex Parte Climax Electric Pty Ltd [1986] FCA 612

There is no guarantee in favour of the petitioning creditor; therefore, there is no debt owed to Climax Electric Pty. Ltd. The bankruptcy petition must fail.

Parties
Debtor: Frank Campagna; Creditor: Climax Electric Pty. Ltd.
Jurisdiction
Australia
Judgment Date
12 January 1986
Procedural Posture
Bankruptcy Petition / Judgment/dismissal
Outcome
petition dismissed with costs
Legal Topics
Sequestration of Estate, Judgment Debt, Guarantee Validity
Bankruptcy Sequestration of Estate Judgment Debt Guarantee Validity

Case Brief

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Parties

Frank Campagna

Debtor

Climax Electric Pty. Ltd.

Creditor

Procedural Posture

Bankruptcy Petition / Judgment/dismissal

Legal Issues

  1. 1 Whether the debt upon which the bankruptcy petition is based is owed to the petitioning creditor
  2. 2 Construction and validity of guarantees given by the debtor in favour of the alleged creditor(s)

Ratio Decidendi

There is no guarantee in favour of the petitioning creditor; therefore, there is no debt owed to Climax Electric Pty. Ltd. The bankruptcy petition must fail.

Court Disposition

petition dismissed with costs

Orders

  • The petition be dismissed.
  • The petitioning creditor pay the debtor's costs of and incidental to the hearings of 12 November and 1 December 1986, to be taxed.