Connelly v McLaughlins Nominee Mortgage Pty Ltd [1999] FCA 981

The debtor has not established on the evidence that he is able to pay his debts as they fall due. Assets are insufficiently realisable and do not cover immediate liabilities. Sequestration order is warranted.

Jurisdiction: Australia
Judgment Date: 02 July 1999
Procedural Posture: Bankruptcy/sequestration Application / Final Judgment on Petition
Outcome: Sequestration order made against the estate of the debtor.
Legal Topics: ['sequestration Order' 'insolvency' 'burden of Proof on Debtor']

['bankruptcy'] ['sequestration Order' 'insolvency' 'burden of Proof on Debtor']

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Procedural Posture

Bankruptcy/sequestration Application / Final Judgment on Petition

Legal Issues

1 ['Whether the debtor is able to pay his debts as they fall due within the meaning of s 52(2)(a) Bankruptcy Act 1966 (Cth)' 'Whether a sequestration order should be made against the estate of the debtor']

Ratio Decidendi

Court Disposition

Sequestration order made against the estate of the debtor.

Orders

['A sequestration order is made against the estate of the debtor.' 'The costs of the petitioning creditor and the supporting creditor, including reserved costs, be costs in the administration.']