Re Maher, B.J. v. Ex Parte Deputy Commissioner of Taxation [1985] FCA 55

Re Maher, B.J. v. Ex Parte Deputy Commissioner of Taxation [1985] FCA 55

A short adjournment is justified on the basis that the petition was listed for the first time and only seven days are sought, but interim receivership is necessary to protect creditors due to evidence of insolvency and restrictions already imposed over the debtor’s assets.

Jurisdiction
Australia
Judgment Date
26 February 1985
Procedural Posture
Bankruptcy Petition / Interim Orders and Adjournment
Outcome
Adjournment granted with interim orders
Legal Topics
['sequestration Order' 'adjournment' 'interim Receivership']
['bankruptcy'] ['sequestration Order' 'adjournment' 'interim Receivership']

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Procedural Posture

Bankruptcy Petition / Interim Orders and Adjournment

Legal Issues

  1. 1 ['Whether a short adjournment of the bankruptcy petition should be granted' 'Whether interim orders under section 50 of the Bankruptcy Act are appropriate']

Ratio Decidendi

A short adjournment is justified on the basis that the petition was listed for the first time and only seven days are sought, but interim receivership is necessary to protect creditors due to evidence of insolvency and restrictions already imposed over the debtor’s assets.

Court Disposition

Adjournment granted with interim orders

Orders

  • ['Petition adjourned until 28 February 1985' "Receivers appointed over debtor's property until further order" 'Petitioner to provide the usual undertaking as to damages']