Re Birnzwejg, Nathan & Anor Ex Parte Permanent Trustee Co Ltd [1996] FCA 550

Re Birnzwejg, Nathan & Anor Ex Parte Permanent Trustee Co Ltd [1996] FCA 550

The court was satisfied of the acts of bankruptcy as alleged, as well as the other matters requiring proof under the Bankruptcy Act 1966, and found no sufficient cause not to make the sequestration order.

Parties
Debtor: Nathan Birnzwejg; Debtor: Kathleen May Birnzwejg; Creditor: Permanent Trustee Company Limited
Jurisdiction
Australia
Judgment Date
19 June 1996
Procedural Posture
Bankruptcy / Hearing and Order
Outcome
sequestration order granted
Legal Topics
Sequestration Order, Costs, Acts of Bankruptcy
Bankruptcy Sequestration Order Costs Acts of Bankruptcy

Case Brief

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Parties

Nathan Birnzwejg

Debtor

Kathleen May Birnzwejg

Debtor

Permanent Trustee Company Limited

Creditor

Procedural Posture

Bankruptcy / Hearing and Order

Legal Issues

  1. 1 Whether a sequestration order should be made against the estates of Nathan Birnzwejg and Kathleen May Birnzwejg

Ratio Decidendi

The court was satisfied of the acts of bankruptcy as alleged, as well as the other matters requiring proof under the Bankruptcy Act 1966, and found no sufficient cause not to make the sequestration order.

Court Disposition

sequestration order granted

Orders

  • A sequestration order be made against the joint and separate estates of the debtors, Nathan Birnzwejg and Kathleen May Birnzwejg.
  • The petitioning creditor's costs of and incidental to the petition in this matter, including reserved costs, be taxed and paid in accordance with the Bankruptcy Act 1966.