Cavaliere P. v Kinoma Pty Ltd [1995] FCA 631

Cavaliere P. v Kinoma Pty Ltd [1995] FCA 631

The Court found that, in the absence of contrary evidence, dealings and contractual arrangements were between the creditor and Paul Cavaliere personally as he was the only person licensed to contract for the building work and he did not establish a basis for the company's liability. Accordingly, a sequestration order should be made against his estate.

Parties
Judgment Debtor: Paul Cavaliere; Judgment Creditor: Kinoma Pty. Ltd. (trading as Loy's Allround Roofing Services)
Jurisdiction
Australia
Judgment Date
14 August 1995
Procedural Posture
Creditor's Petition for Sequestration Order / Final Judgment
Outcome
Sequestration order made against debtor's estate
Legal Topics
Sequestration Order, Bankruptcy Notice, Personal Liability for Company Debts, Builder Licensing Requirements
Bankruptcy Sequestration Order Bankruptcy Notice Personal Liability for Company Debts Builder Licensing Requirements

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Parties

Paul Cavaliere

Judgment Debtor

Kinoma Pty. Ltd. (trading as Loy's Allround Roofing Services)

Judgment Creditor

Procedural Posture

Creditor's Petition for Sequestration Order / Final Judgment

Legal Issues

  1. 1 Whether Paul Cavaliere was personally liable to the creditor or the debt was owed by Cavaliere Constructions Pty. Ltd.
  2. 2 Whether a sequestration order should be made against the debtor's estate

Ratio Decidendi

The Court found that, in the absence of contrary evidence, dealings and contractual arrangements were between the creditor and Paul Cavaliere personally as he was the only person licensed to contract for the building work and he did not establish a basis for the company's liability. Accordingly, a sequestration order should be made against his estate.

Court Disposition

Sequestration order made against debtor's estate

Orders

  • A sequestration order be made against the estate of Paul Cavaliere.
  • William John Fletcher be appointed trustee of the estate of Paul Cavaliere.