Re Prow, J.D. v. Ex parte Dalgety Farmers Ltd [1985] FCA 132

Re Prow, J.D. v. Ex parte Dalgety Farmers Ltd [1985] FCA 132

The petition was not presented within six months of the act of bankruptcy, as required by s.44(1)(c) of the Bankruptcy Act 1966, because the act was completed at the last moment of 26 January 1984 and the petition was only presented on 27 July 1984.

Jurisdiction
Australia
Judgment Date
04 April 1985
Procedural Posture
Bankruptcy Petition / Judgment on Petition
Outcome
petition dismissed
Legal Topics
['sequestration Order' 'timeliness of Petition' 'act of Bankruptcy']
['bankruptcy'] ['sequestration Order' 'timeliness of Petition' 'act of Bankruptcy']

Case Brief

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Procedural Posture

Bankruptcy Petition / Judgment on Petition

Legal Issues

  1. 1 ['Whether the petition for a sequestration order was presented within the time required by s.44(1)(c) of the Bankruptcy Act 1966.']

Ratio Decidendi

The petition was not presented within six months of the act of bankruptcy, as required by s.44(1)(c) of the Bankruptcy Act 1966, because the act was completed at the last moment of 26 January 1984 and the petition was only presented on 27 July 1984.

Court Disposition

petition dismissed

Orders

  • ['The petition for a sequestration order be dismissed.']