Lim, Swee Huan v Official Trustee in Bankruptcy & Anor Cho, Hong Lien v Official Trustee in Bankruptcy & Anor [1998] FCA 698

Lim, Swee Huan v Official Trustee in Bankruptcy & Anor Cho, Hong Lien v Official Trustee in Bankruptcy & Anor [1998] FCA 698

The Court preferred the process server's evidence to the applicants' denials, found that the applicants were resident at 70 Bridgenorth Street, Carindale at the relevant time and that the bankruptcy notices and creditor's petitions were served on them. The applicants therefore failed to establish that the sequestration orders ought not to have been made, so the grounds for annulment were not made out.

Jurisdiction
Australia
Judgment Date
17 June 1998
Procedural Posture
Applications to Annul Bankruptcies Under S 153 B of the Bankruptcy Act 1966 (cth) / Hearing of Applications After Sequestration Orders Had Been Made
Outcome
Each application was dismissed with costs.
Legal Topics
['annulment of Bankruptcy' 'sequestration Orders' 'service of Bankruptcy Notice' "service of Creditor's Petition" 'natural Justice']
['bankruptcy'] ['annulment of Bankruptcy' 'sequestration Orders' 'service of Bankruptcy Notice' "service of Creditor's Petition" 'natural Justice']

Case Brief

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Procedural Posture

Applications to Annul Bankruptcies Under S 153 B of the Bankruptcy Act 1966 (cth) / Hearing of Applications After Sequestration Orders Had Been Made

Legal Issues

  1. 1 ['Whether the bankruptcy notices were served on the bankrupts.' "Whether the creditor's petitions and supporting documents were served on the bankrupts." 'Whether the sequestration orders ought not to have been made so as to justify annulment under s 153B of the Bankruptcy Act 1966 (Cth).']

Ratio Decidendi

The Court preferred the process server's evidence to the applicants' denials, found that the applicants were resident at 70 Bridgenorth Street, Carindale at the relevant time and that the bankruptcy notices and creditor's petitions were served on them. The applicants therefore failed to establish that the sequestration orders ought not to have been made, so the grounds for annulment were not made out.

Court Disposition

Each application was dismissed with costs.

Orders

  • ['In QG 7736 of 1997, the application is dismissed.' "In QG 7736 of 1997, the applicant pay the respondents' costs of and incidental to the application to be taxed if not agreed." 'In QG 7737 of 1997, the application is dismissed.' "In QG 7737 of 1997, the applicant pay the respondents' costs of and incidental to...