Smith, D.W. [1994] FCA 946

Smith, D.W. [1994] FCA 946

The debtor has failed to satisfy the court that there are substantial reasons for questioning the validity of the judgment. Therefore, a sequestration order will be made against the estate of the debtor.

Parties
Debtor: Douglas Wiltshire-Smith; Judgment Creditor: Petitioning Creditor; Supporting Creditor: Supporting Creditor
Jurisdiction
Australia
Judgment Date
05 December 1994
Procedural Posture
Bankruptcy Application / Application for Sequestration Order
Outcome
sequestration order granted
Legal Topics
Sequestration Order, Judgment Debt Validity
Bankruptcy Sequestration Order Judgment Debt Validity

Case Brief

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Parties

Douglas Wiltshire-Smith

Debtor

Petitioning Creditor

Judgment Creditor

Supporting Creditor

Supporting Creditor

Procedural Posture

Bankruptcy Application / Application for Sequestration Order

Legal Issues

  1. 1 Whether there are substantial reasons for questioning the validity of the judgment debt
  2. 2 Whether discretion should be exercised to refuse a sequestration order

Ratio Decidendi

The debtor has failed to satisfy the court that there are substantial reasons for questioning the validity of the judgment. Therefore, a sequestration order will be made against the estate of the debtor.

Court Disposition

sequestration order granted

Orders

  • A sequestration order is made against the estate of the debtor.