FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
CLGC Pty Ltd v Zhang [2022] FedCFamC2G 152
File number(s): SYG 2149 of 2021 Judgment of: JUDGE MANOUSARIDIS Date of judgment: 10 March 2022 Catchwords: BANKRUPTCY – creditor’s petition – whether sufficient proof of service of bankruptcy notice and of creditor’s petition – whether other conditions for the making of a sequestration order satisfied – sequestration order made. Legislation: Acts Interpretation Act 1901 (Cth) s 28A(1)
Bankruptcy Act 1966 (Cth) ss 40(1)(g), 43, 52(1), 156A
Bankruptcy Regulations 2021 (Cth) r 102(1)
Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) rr 4.04(1), 4.05, 4.06(4)
Cases cited: Cardinal Insurance Company v Maple Underwriters Ltd (1983) 46 BCLR 137
DM Developments v Driscoll & Anor [2011] FMCA 464
Re Pugliese; Ex parte The Chase Manhattan Bank of Australia Ltd [1993] FCA 454
Sarina v O'Shannassy (No 2) [2021] FCCA 338
Sommer v C Pty Ltd (No.2) [2020] FCCA 1898
Sunrise Auto Limited v Deputy Commissioner of Taxation [1995] FCA 1693
Division: General Number of paragraphs: 29 Date of last submission/s: 9 March 2022 Date of hearing: 7 March 2022 Place: Sydney Solicitor for the Applicant: Ms N Sanchez of Luminous Legal, by telephone The Respondent: No appearance by or on behalf of the respondent ORDERS
SYG 2149 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
IN THE MATTER OF RONGLAI ZHANG
BETWEEN: CLGC PTY LTD ACN 140 347 191
Applicant
AND: RONGLAI ZHANG
Respondent
ORDER MADE BY:
JUDGE MANOUSARIDIS
DATE OF ORDER:
10 MARCH 2022
THE COURT ORDERS THAT:
1.The estate of the respondent, Mr Ronglai Zhang, is sequestrated under the Bankruptcy Act 1966 (Cth).
2.The applicant creditor’s costs be paid from the estate of the respondent, Mr Ronglai Zhang, in accordance with the Bankruptcy Act 1966 (Cth).
3.The applicant creditor’s costs are set in the amount of $10,123.12
THE COURT NOTES THAT:
4.The date of the act of bankruptcy is 16 November 2021.
5.A consent to act as trustee signed by Mr Thyge Trafford-Jones has been filed under s 156A of the Bankruptcy Act 1966 (Cth).
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
INTRODUCTION
On 7 March 2022 I heard an application for a sequestration order against the estate of Mr Ronglai Zhang. Mr Zhang did not appear.
The applicant, by its legal representative, read the affidavits on which the applicant relies, and I listed the matter for judgment at 9:30 am on 10 March 2022.
SERVICE OF BANKRUPTCY NOTICE
The act of bankruptcy on…
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- AGLC
- CLGC Pty Ltd v Zhang [2022] FedCFamC2G 152
- Case
- [2022] FedCFamC2G 152
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the applicant had satisfied the statutory requirements under sections 43 and 52(1) of the Bankruptcy Act 1966, which are prerequisites for a sequestration order. Specifically, the court had to verify that the debt was undisputed or had been established through a judgment, and that the necessary searches had been conducted to locate any assets of the debtor. The affidavits submitted were scrutinised to ensure they met the necessary standards and were in compliance with the statutory requirements.
After reviewing the evidence, the court found that CLGC Pty Ltd had met the required thresholds for the application of a sequestration order. The affidavit of debt was deemed sufficient to establish the existence of the debt, and the affidavit of search confirmed that the necessary steps had been taken to locate Mr Zhang's assets. The court concluded that the applicant had proved the necessary matters and ordered that a sequestration order be made against Mr Zhang's estate. Additionally, the court approved the costs claimed by CLGC Pty Ltd, ordering that the specified amount be paid from Mr Zhang's estate.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
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