RE Skyring, Alan George EX PARTE Australia & New Zealand Banking Group Ltd [1996] FCA 1137

RE Skyring, Alan George EX PARTE Australia & New Zealand Banking Group Ltd [1996] FCA 1137

Because the factual basis of the bank's petition was not challenged, the writs of execution had been returned unsatisfied, and binding High Court authority required rejection of Mr Skyring's currency arguments, the Court was satisfied that the Bankruptcy Act 1966 requirements were proved and made a sequestration order against his estate.

Jurisdiction
Australia
Judgment Date
09 December 1996
Procedural Posture
Contested Creditor's Petition in Bankruptcy / Hearing and Determination of Creditor's Petition
Outcome
Sequestration order made against the estate of Alan George Skyring.
Legal Topics
['sequestration Order' 'act of Bankruptcy' 'execution Returned Unsatisfied' 'legal Tender' 'vexatious Litigant' 'application for Adjournment to Seek Prohibition and Certiorari']
['bankruptcy' 'constitutional Law' 'banking and Currency'] ['sequestration Order' 'act of Bankruptcy' 'execution Returned Unsatisfied' 'legal Tender' 'vexatious Litigant' 'application for Adjournment to Seek Prohibition and Certiorari']

Case Brief

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Procedural Posture

Contested Creditor's Petition in Bankruptcy / Hearing and Determination of Creditor's Petition

Legal Issues

  1. 1 ['Whether execution had been executed against the debtor under process of a Court and returned unsatisfied within s 40(1)(d)(ii) of the Bankruptcy Act 1966.' "Whether Mr Skyring's arguments about the alleged invalidity of the Australian currency and financial system answered the creditor's petition." "Whether the creditor's petition should be adjourned to allow Mr Skyring to approach the High Court for writs of prohibition and certiorari."]

Ratio Decidendi

Because the factual basis of the bank's petition was not challenged, the writs of execution had been returned unsatisfied, and binding High Court authority required rejection of Mr Skyring's currency arguments, the Court was satisfied that the Bankruptcy Act 1966 requirements were proved and made a sequestration order against his estate.

Court Disposition

Sequestration order made against the estate of Alan George Skyring.

Orders

  • ['A sequestration order be made against the estate of Alan George Skyring.' 'The costs of and incidental to the petition, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966.']