Re: Piccardi; Ex Parte: Grivas [1987] FCA 822

Re: Piccardi; Ex Parte: Grivas [1987] FCA 822

Leave is granted to the specified creditors to participate in and oppose the bankrupts' applications, as there are prima facie grounds in the interests of creditors and public interest for their participation, notwithstanding issues of timing and prior procedural conduct.

Parties
Debtor: Kurt Piccardi; Debtor: Geraldine Piccardi; Petitioning Creditor: George Gregory Grivas; Creditor/respondent: Dick and Don's Pty. Limited; Creditor/respondent: BW Modern Interiors Proprietary Limited; Creditor/respondent: Fire Fighting Equipment Company Limited; Creditor/respondent: Boral Johns Perry Industries Proprietary Limited
Jurisdiction
Australia
Judgment Date
07 September 1987
Procedural Posture
Bankruptcy / Application for Rescission And/or Annulment of Sequestration Order; Application for Leave for Additional Creditors to Participate
Outcome
Leave granted to four specified creditors to participate as respondents to the applications for rescission/annulment.
Legal Topics
Sequestration Order, Rescission, Annulment, Creditor Intervention, Leave to Be Heard
Bankruptcy Sequestration Order Rescission Annulment Creditor Intervention Leave to Be Heard

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Parties

Kurt Piccardi

Debtor

Geraldine Piccardi

Debtor

George Gregory Grivas

Petitioning Creditor

Dick and Don's Pty. Limited

Creditor/respondent

BW Modern Interiors Proprietary Limited

Creditor/respondent

Fire Fighting Equipment Company Limited

Creditor/respondent

Boral Johns Perry Industries Proprietary Limited

Creditor/respondent

Procedural Posture

Bankruptcy / Application for Rescission And/or Annulment of Sequestration Order; Application for Leave for Additional Creditors to Participate

Legal Issues

  1. 1 Whether creditors other than the petitioning creditor have a right or should be granted leave to appear and oppose the debtors' application for rescission/annulment of sequestration order

Ratio Decidendi

Leave is granted to the specified creditors to participate in and oppose the bankrupts' applications, as there are prima facie grounds in the interests of creditors and public interest for their participation, notwithstanding issues of timing and prior procedural conduct.

Court Disposition

Leave granted to four specified creditors to participate as respondents to the applications for rescission/annulment.

Orders

  • Leave is granted to Dick and Don's Proprietary Limited, BW Modern Interiors Proprietary Limited, Fire Fighting Equipment Company Limited, and Boral Johns Perry Industries Proprietary Limited to participate as respondents to the applications.