Re Grady, Anthony John Ex Parte Grady, Anthony John Re Grady, Anthony John Ex Parte BBC Hardware Ltd [1996] FCA 427

Re Grady, Anthony John Ex Parte Grady, Anthony John Re Grady, Anthony John Ex Parte BBC Hardware Ltd [1996] FCA 427

The debtor's petition is declined because the creditor's petition was presented earlier, and the statutory requirements for making a sequestration order under the Bankruptcy Act 1966, including a valid consent to act as trustee, are satisfied in respect of the creditor's petition.

Jurisdiction
Australia
Judgment Date
13 May 1996
Procedural Posture
Bankruptcy / Judgment and Orders
Outcome
Sequestration order made against the estate of Anthony John Grady; debtor's petition declined.
Legal Topics
['sequestration Order' "debtor's Petition" "creditor's Petition" 'consent to Act as Trustee']
['bankruptcy'] ['sequestration Order' "debtor's Petition" "creditor's Petition" 'consent to Act as Trustee']

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Procedural Posture

Bankruptcy / Judgment and Orders

Legal Issues

  1. 1 ["Whether the debtor's petition should be accepted" 'Whether a sequestration order should be made against the estate of Anthony John Grady' "Whether the Act's requirements for a creditor's petition are met" 'Which consent to act as trustee attracts the statutory consequence under s 156A']

Ratio Decidendi

The debtor's petition is declined because the creditor's petition was presented earlier, and the statutory requirements for making a sequestration order under the Bankruptcy Act 1966, including a valid consent to act as trustee, are satisfied in respect of the creditor's petition.

Court Disposition

Sequestration order made against the estate of Anthony John Grady; debtor's petition declined.

Orders

  • ["Registrar to decline to accept debtor's petition No. 256 of 1996 of Anthony John Grady." 'Sequestration order made against the estate of Anthony John Grady.' 'Costs of and incidental to the petition, including reserved costs, to be taxed and paid in accordance with the Bankruptcy Act 1966.']