Commonwealth Bank of Australia v Jeans, in the matter of Jeans (No 2) [2006] FCA 919

Commonwealth Bank of Australia v Jeans, in the matter of Jeans (No 2) [2006] FCA 919

The evidence, including oral correction regarding source of debt, satisfies the requirements of s 52 of the Bankruptcy Act 1966 (Cth) for making a sequestration order against the estate of John Anthony Jeans.

Jurisdiction
Australia
Judgment Date
05 July 2006
Procedural Posture
Bankruptcy Petition / Final Hearing
Outcome
Sequestration order made against the estate of John Anthony Jeans; applicant's costs to be taxed and paid from the estate.
Legal Topics
['sequestration Order' 'act of Bankruptcy' "creditor's Entitlement" 'costs Taxation']
['bankruptcy'] ['sequestration Order' 'act of Bankruptcy' "creditor's Entitlement" 'costs Taxation']

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Procedural Posture

Bankruptcy Petition / Final Hearing

Legal Issues

  1. 1 ['Whether the formal matters required for a sequestration order under s 52 of the Bankruptcy Act 1966 (Cth) have been established' 'Whether a sequestration order should be made against the estate of John Anthony Jeans']

Ratio Decidendi

The evidence, including oral correction regarding source of debt, satisfies the requirements of s 52 of the Bankruptcy Act 1966 (Cth) for making a sequestration order against the estate of John Anthony Jeans.

Court Disposition

Sequestration order made against the estate of John Anthony Jeans; applicant's costs to be taxed and paid from the estate.

Orders

  • ['A sequestration order be made against the estate of John Anthony Jeans' "The applicant creditors' costs be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth)"]