Aquamore Credit Equity Pty Ltd v Maroon (No 2)

Aquamore Credit Equity Pty Ltd v Maroon (No 2) involved a dispute between a creditor and a debtor, Nadia Maroon, over the sequestration of Maroon's estate. The case was heard in the Federal Circuit and Family Court of Australia, where the primary issue was whether the requirements for a sequestration order under the Bankruptcy Act 1966 (Cth) had been met. The applicant, Aquamore Credit Equity Pty Ltd, sought to have Maroon declared bankrupt based on unpaid debts exceeding the statutory minimum of $5,000, and whether the court should exercise its discretion to not make a sequestration order.

The court found that all the statutory requirements for a sequestration order were satisfied. The final judgments against Maroon amounted to more than the statutory minimum, and the bankruptcy notice was issued and served within the prescribed timeframes. The notice included copies of the judgments, and Maroon committed an act of bankruptcy by failing to comply with the notice. Furthermore, the creditor's petition was presented within the required six months of the act of bankruptcy, and it was accompanied by the necessary affidavits of search. The court was satisfied that the creditor had established a prima facie right to a sequestration order, and no valid grounds for opposition were presented by Maroon.

Given the evidence and the absence of any appearance or argument by Maroon, the court ruled that the estate of Nadia Maroon should be sequestrated. The court also ordered that the applicant's costs be paid from Maroon's bankrupt estate and that the applicant provide a copy of the orders to the Official Receiver. The date of commission of the act of bankruptcy was recorded as 17 December 2021, and a consent to act as trustee had been filed by Sean Magnus Wengel.