Seidermann, Re W.R.R. G.James Pty Ltd, Ex parte [1988] FCA 310

Seidermann, Re W.R.R. G.James Pty Ltd, Ex parte [1988] FCA 310

The petitioner proved the act of bankruptcy as alleged, and despite requests for further time and arguments about futility, the debtor did not pay; a sequestration order was therefore appropriate.

Parties
Petitioning Creditor: G. James Pty Limited; Debtor: Werner Richard Rolf Seidemann
Jurisdiction
Australia
Judgment Date
05 May 1988
Procedural Posture
Bankruptcy / Final Orders
Outcome
Sequestration order made against the estate of the debtor; petition amended.
Legal Topics
Sequestration Order, Petition Amendment, Costs
Bankruptcy Sequestration Order Petition Amendment Costs

Case Brief

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Parties

G. James Pty Limited

Petitioning Creditor

Werner Richard Rolf Seidemann

Debtor

Procedural Posture

Bankruptcy / Final Orders

Legal Issues

  1. 1 Whether a sequestration order should be made against the debtor's estate
  2. 2 Whether the petition should be amended to correct the date

Ratio Decidendi

The petitioner proved the act of bankruptcy as alleged, and despite requests for further time and arguments about futility, the debtor did not pay; a sequestration order was therefore appropriate.

Court Disposition

Sequestration order made against the estate of the debtor; petition amended.

Orders

  • The petition be amended by replacing the date 10 October 1987 in paragraph 4 by the date 12 October 1987.
  • A sequestration order be made in respect of the estate of the debtor.