Re Nicholls, K.B. v. Ex parte Widin, W.J. [1985] FCA 447

Re Nicholls, K.B. v. Ex parte Widin, W.J. [1985] FCA 447

The evidence failed to show with assurance that creditors would benefit from annulment or that 'other sufficient cause' existed. The application for annulment was thus refused.

Parties
Bankrupt: Kevin Bruce Nicholls; Applicant: William John Widin
Jurisdiction
Australia
Judgment Date
02 September 1985
Procedural Posture
Application for Annulment of Bankruptcy / Judgment at First Instance
Outcome
application dismissed
Legal Topics
Annulment of Sequestration Order
Bankruptcy Annulment of Sequestration Order

Case Brief

Summary, issues, holding and outcome

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Parties

Kevin Bruce Nicholls

Bankrupt

William John Widin

Applicant

Procedural Posture

Application for Annulment of Bankruptcy / Judgment at First Instance

Legal Issues

  1. 1 Whether there is 'other sufficient cause' under s.154(1)(a) of the Bankruptcy Act, 1966 justifying annulment of the sequestration order

Ratio Decidendi

The evidence failed to show with assurance that creditors would benefit from annulment or that 'other sufficient cause' existed. The application for annulment was thus refused.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The trustee's costs be paid out of the bankrupt's estate.