FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
E & A Salce Pty Ltd v Hadlow [2025] FedCFamC2G 515
File number(s): ADG 166 of 2025 Judgment of: JUDGE BROWN Date of judgment: 11 April 2025 Catchwords: BANKRUPTCY – Application to appoint controlling trustee prior to sequestration order being made – no act of bankruptcy established Legislation: Bankruptcy Act 1966 (Cth) s 50
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 rr 1.06, 6.06 6.15
Cases cited: Culleton v Balwyn Nominees Pty ltd [2017] FCAFC 8
Deputy Commissioner of Taxation v Clyne (1983) 50 ALR 118
Division: Division 2 General Federal Law Number of paragraphs: 44 Date of last submission/s: 10 April 2025 Date of hearing: 10 April 2025 Place: Adelaide Solicitor for the Applicant: Wallmans Lawyers Counsel for the Applicant: Mr Sankey Counsel for the Respondent: The respondent did not appear ORDERS
ADG 166 of 2025 IN THE MATTER OF CRAIG WESLEY HADLOW
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: E & A SALCE PTY LTD ACN 074 609 797
Applicant
AND: CRAIG WESLEY HADLOW
Respondent
ORDER MADE BY:
JUDGE BROWN
DATE OF ORDER:
11 APRIL 2025
THE COURT ORDERS THAT:
1.The Application filed by the Applicant on 9 April 2025 is dismissed.
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
JUDGE BROWN:
INTRODUCTION
The respondent to these proceedings, Craig Wesley Hadlow,[1]operates a pet supply business, known as Hadlow & Sons Pet Supplies, in suburban Melbourne. He has not been served with the relevant application.
[1] Hereinafter referred to as “the respondent”
As will be shown, the proceedings have been prosecuted with a great deal of expedition on the basis of an assertion that there is a risk of funds being dissipated and the interests of Mr Hadlow’s creditors, being frustrated.
On 13 March 2025, the applicant in these proceedings, E & A Salce Pty Ltd,[2] obtained a judgment against Mr Hadlow, in the Magistrates Court of Victoria, at Heidelberg, in an amount of $56,288.17 together with costs of $2,969.28. Interest on this debt was calculated to be $400.96.
[2] Hereinafter referred to as “the creditor”
A bankruptcy notice issued against Mr Hadlow, on the application of the creditor, in an amount of $60,001.65, on 3 April 2025, based on the failure of Mr Hadlow to satisfy the judgment debt made against him by the Magistrates Court.
The notice required payment of the amount of $60,001.65 within 21 days of the…
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- AGLC
- E & a Salce Pty Ltd v Hadlow [2025] FedCFamC2G 515
- Case
- [2025] FedCFamC2G 515
- Decision Date
CaseChat Overview and Summary
The court considered the prerequisites for exercising the power under section 50(1) of the Bankruptcy Act 1966 (Cth). These include the debtor not complying with a bankruptcy notice and the creditor's petition being presented. The court found that these conditions were satisfied in this case. However, the court was concerned that the application was premature as there was no evidence that Mr Hadlow had not complied with the notice. The court also highlighted the Full Court's emphasis on the fundamental significance of the change in status that bankruptcy entails and the need for care in bankruptcy proceedings. The court concluded that there had been a great deal of haste in the application due to the applicant's desire to satisfy its judgment debt.
The court refused to make the order sought by the applicant and dismissed the application. The court found that the application was premature and that there was insufficient evidence to establish that Mr Hadlow had not complied with the bankruptcy notice. The court also emphasised the fundamental significance of the change in status that bankruptcy entails and the need for care in bankruptcy proceedings. The court concluded that the application was made with undue haste and that the applicant's desire to satisfy its judgment debt should not override the care required in bankruptcy proceedings. The court dismissed the application and made no orders for costs.
Orders
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Background
Background to the litigation
Evidence
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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