Re Cameron, D.J. v. Ex parte Westpac Banking Corporation [1994] FCA 1034

Re Cameron, D.J. v. Ex parte Westpac Banking Corporation [1994] FCA 1034

No 'other sufficient cause' was established to justify refusing the sequestration order; debtor's arguments regarding intended appeal and pending damages claim did not amount to counterclaim, set off, or exceptional circumstance sufficient to deprive petitioning creditor of prima facie entitlement to the order.

Parties
Debtor: Donald James Cameron; Petitioning Creditor: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
21 December 1994
Procedural Posture
Bankruptcy / Application for Sequestration Order
Outcome
Sequestration order made against estate of debtor.
Legal Topics
Sequestration Order, Other Sufficient Cause, Bankruptcy Notice, Consent of Public Trustee
Bankruptcy Sequestration Order Other Sufficient Cause Bankruptcy Notice Consent of Public Trustee

Case Brief

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Parties

Donald James Cameron

Debtor

Westpac Banking Corporation

Petitioning Creditor

Procedural Posture

Bankruptcy / Application for Sequestration Order

Legal Issues

  1. 1 Whether 'other sufficient cause' exists under s 52 of the Bankruptcy Act 1966 to refuse a sequestration order
  2. 2 Whether intended appeal or pending action by debtor affects making of sequestration order

Ratio Decidendi

No 'other sufficient cause' was established to justify refusing the sequestration order; debtor's arguments regarding intended appeal and pending damages claim did not amount to counterclaim, set off, or exceptional circumstance sufficient to deprive petitioning creditor of prima facie entitlement to the order.

Court Disposition

Sequestration order made against estate of debtor.

Orders

  • A sequestration order be made against the estate of the debtor Donald James Cameron.
  • The petitioning creditor's costs of and incidental to the petition (including reserved costs) be taxed and paid in accordance with the Bankruptcy Act 1966.