Quick, P.W. v James, B.J. [1986] FCA 54

Quick, P.W. v James, B.J. [1986] FCA 54

An order for compensation under s.546(1) of the Crimes Act 1958, which is enforceable as a civil judgment by s.546(3), constitutes a final judgment for the purposes of s.40(1)(g) of the Bankruptcy Act 1966. The bankruptcy notice was correctly based on the order made solely in favour of the petitioning creditor, and there was no understatement of the amount due.

Parties
Debtor: Peter William Quick; Petitioning Creditor: Barry John James
Jurisdiction
Australia
Judgment Date
02 April 1986
Procedural Posture
Bankruptcy / Application for Sequestration Order
Outcome
sequestration order made against the estate of the debtor
Legal Topics
Sequestration Order, Bankruptcy Notice, Final Judgment, Compensation Order
Bankruptcy Sequestration Order Bankruptcy Notice Final Judgment Compensation Order

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Parties

Peter William Quick

Debtor

Barry John James

Petitioning Creditor

Procedural Posture

Bankruptcy / Application for Sequestration Order

Legal Issues

  1. 1 Whether an order for compensation made under s.546(1) of the Crimes Act 1958 constitutes a 'final judgment or final order' for the purposes of s.40(1)(g) of the Bankruptcy Act 1966
  2. 2 Whether the bankruptcy notice understated the debt owed due to the existence of joint and several compensation orders

Ratio Decidendi

An order for compensation under s.546(1) of the Crimes Act 1958, which is enforceable as a civil judgment by s.546(3), constitutes a final judgment for the purposes of s.40(1)(g) of the Bankruptcy Act 1966. The bankruptcy notice was correctly based on the order made solely in favour of the petitioning creditor, and there was no understatement of the amount due.

Court Disposition

sequestration order made against the estate of the debtor

Orders

  • A sequestration order be made against the estate of the debtor.
  • Costs, including reserved costs, be taxed and paid according to the Act.