Re David Robinson Ex Parte Stanley Lionel Walter [1984] FCA 432

Re David Robinson Ex Parte Stanley Lionel Walter [1984] FCA 432

The court found that David Robinson personally assumed responsibility for payment for concrete supplied, based on a signed guarantee. Therefore, the judgment debt was properly payable by him and not solely by the company, D and C Robinson Nominees Pty Limited. The requirements for a sequestration order under section 52 of the Bankruptcy Act were satisfied.

Parties
Debtor: David Robinson; Creditor: Petitioning Creditor
Jurisdiction
Australia
Judgment Date
15 November 1984
Procedural Posture
Creditor's Petition / Hearing of Petition for Sequestration Order
Outcome
Sequestration order made against the estate of the debtor.
Legal Topics
Sequestration Order, Judgment Debt, Personal Guarantee, Notice of Opposition
Bankruptcy Sequestration Order Judgment Debt Personal Guarantee Notice of Opposition

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Parties

David Robinson

Debtor

Petitioning Creditor

Creditor

Procedural Posture

Creditor's Petition / Hearing of Petition for Sequestration Order

Legal Issues

  1. 1 Whether the judgment debt is owed by the debtor personally or by D and C Robinson Nominees Pty Limited
  2. 2 Whether the requirements of section 52 of the Bankruptcy Act have been satisfied

Ratio Decidendi

The court found that David Robinson personally assumed responsibility for payment for concrete supplied, based on a signed guarantee. Therefore, the judgment debt was properly payable by him and not solely by the company, D and C Robinson Nominees Pty Limited. The requirements for a sequestration order under section 52 of the Bankruptcy Act were satisfied.

Court Disposition

Sequestration order made against the estate of the debtor.

Orders

  • Costs, including reserved costs, taxed and paid according to the Act.
  • Draft copy of order to registrar within seven days in accordance with rule 124(2).