Re Pollard, John Leon; Ex Parte Worrell, Ivor [1997] FCA 845

Re Pollard, John Leon; Ex Parte Worrell, Ivor [1997] FCA 845

The debtor failed to comply with the Deed of Arrangement by missing payments and is in arrears; there is uncertainty about the debtor’s assets, and creditors have forborne for some time. Termination and sequestration are justified under section 236 of the Bankruptcy Act.

Jurisdiction
Australia
Judgment Date
20 August 1997
Procedural Posture
Bankruptcy / Application for Termination of Deed of Arrangement and Sequestration
Outcome
Deed of Arrangement terminated; estate sequestrated; trustees appointed; costs ordered
Legal Topics
['termination of Deed of Arrangement' 'failure to Comply With Deed of Arrangement' 'injustice to Creditors' 'sequestration of Estate']
['bankruptcy'] ['termination of Deed of Arrangement' 'failure to Comply With Deed of Arrangement' 'injustice to Creditors' 'sequestration of Estate']

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Procedural Posture

Bankruptcy / Application for Termination of Deed of Arrangement and Sequestration

Legal Issues

  1. 1 ['Whether debtor failed to comply with Deed of Arrangement' 'Whether injustice to creditors justifies termination']

Ratio Decidendi

The debtor failed to comply with the Deed of Arrangement by missing payments and is in arrears; there is uncertainty about the debtor’s assets, and creditors have forborne for some time. Termination and sequestration are justified under section 236 of the Bankruptcy Act.

Court Disposition

Deed of Arrangement terminated; estate sequestrated; trustees appointed; costs ordered

Orders

  • ['The Deed of Arrangement made on 26 November 1996 be terminated.' 'The estate of John Leon Pollard be sequestrated and that Ivor Worrell and Morgan Gerard James Lane be appointed trustees.' "The applicant's costs of and incidental to the application be taxed and paid in accordance with the Bankruptcy Act." "Costs...