Re Power, Janette Mary & Anor v Ex Parte Melcal Pty Ltd t/as Melco Timber & Hardware [1996] FCA 840

Re Power, Janette Mary & Anor v Ex Parte Melcal Pty Ltd t/as Melco Timber & Hardware [1996] FCA 840

Given the unanswered allegations relating to Mr Clout's fitness and the potential for conflict and dispute, it would not be appropriate to appoint him as trustee. The creditor's petition, filed earlier, justified making the sequestration order based on it, with independent trustees appointed.

Jurisdiction
Australia
Judgment Date
16 September 1996
Procedural Posture
Creditor's Petition for Bankruptcy / Decision on Appointment of Trustees and Making Sequestration Order
Outcome
Sequestration order made against the estates of the debtors and appointment of independent trustees.
Legal Topics
['sequestration Order' 'appointment of Trustees' 'acts of Bankruptcy' "creditor's Petition" "debtor's Petition"]
['bankruptcy'] ['sequestration Order' 'appointment of Trustees' 'acts of Bankruptcy' "creditor's Petition" "debtor's Petition"]

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Procedural Posture

Creditor's Petition for Bankruptcy / Decision on Appointment of Trustees and Making Sequestration Order

Legal Issues

  1. 1 ["Whether a sequestration order should be made on the creditor's petition or debtors' petition" 'Who should be appointed as trustee in bankruptcy for the debtors']

Ratio Decidendi

Given the unanswered allegations relating to Mr Clout's fitness and the potential for conflict and dispute, it would not be appropriate to appoint him as trustee. The creditor's petition, filed earlier, justified making the sequestration order based on it, with independent trustees appointed.

Court Disposition

Sequestration order made against the estates of the debtors and appointment of independent trustees.

Orders

  • ["District Registrar directed not to accept debtors' petitions numbered QP 551/96 and QP 552/96." 'Sequestration order made against the estates of the debtors.' 'Jay Arscott Stevenson and Phillip Gregory Jefferson appointed as trustees in bankruptcy for each of the debtors.' "Petitioning creditor's costs of and...