FEDERAL COURT OF AUSTRALIA
Meehan v Alfaro [1999] FCA 832
BANKRUPTCY - application for review of sequestration orders made by Registrar - whether debtors committed act of bankruptcy by non-compliance with bankruptcy notice - whether bankruptcy notice a nullity because judgment relied on it not final - whether judgment of Local Court founded on order for costs made in the course of unconcluded Supreme Court proceedings a final judgment - whether sufficient cause why sequestration orders ought not to be made - whether creditor’s seeking to prevent debtors from pursuing Supreme Court proceedings against him constitutes sufficient cause.
Bankruptcy Act 1966 (Cth), ss 40(1)(g), 40(3)(b), 52(1), 52(2)
Legal Profession Act 1987 (NSW), ss 208J, 208K
Supreme Court Rules 1970 (NSW), Pt 52A, r 9(1)Jageev Pty Limited v Deane (FCA, Davies J; unreported; 15 May 1998), cited
Gardiner v Gardiner (1992) 39 FCR 259, followed
Thorpe v Bristile Pty Ltd (FCA, Sundberg J; unreported; 1 August 1997), followed
Thorpe v Bristile Pty Ltd (1997) 80 FCR 330, cited
Stec v Orfanos (FCA, von Doussa J; unreported; 12 October 1998), followed
Stec v Orfanos [1999] FCA 457 (Beaumont, Branson and Sundberg JJ; unreported; 15 April 1999), followed
Re Litherland; Ex parte Showerama Products Pty Limited (1985) 5 FCR 137, followed
Kayo Contractors v Fernandez (1984) 71 FLR 34, applied
Bride v KMG Hungerfords (A Firm) (FCA, Carr, Branson and RD Nicholson JJ; unreported; 23 April 1998), followed
In re King; Ex parte Commercial Bank of Australia Ltd [No 2] [1920] VLR 490, followed
King v Commercial Bank of Australia Ltd (1921) 29 CLR 141, citedIN THE MATTER OF PEDRO ALFARO AND SYLVIA GLADYS ALFARO; JOHN MEEHAN v PEDRO ALFARO AND SILVIA GLADYS ALFARO
NG 8337 OF 1998
KATZ J
SYDNEY
25 JUNE 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 8337 OF 1999
IN THE MATTER OF PEDRO ALFARO AND SILVIA GLADYS ALFARO
BETWEEN:
JOHN MEEHAN
ApplicantAND:
PEDRO ALFARO
First RespondentSILVIA GLADYS ALFARO
Second RespondentJUDGE:
KATZ J
DATE OF ORDER:
25 JUNE 1999
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The Registrar’s orders of 16 February 1999 be affirmed.
2.The petitioning creditor’s costs of the review (including reserved costs, if any) be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth).
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NG 8337 OF 1999
IN THE MATTER OF PEDRO ALFARO AND SYLVIA GLADYS ALFARO
BETWEEN:
JOHN MEEHAN
ApplicantAND:
PEDRO ALFARO
First RespondentSILVIA GLADYS ALFARO
Second Respondent
JUDGE:
KATZ J
DATE:
25 JUNE 1999
PLACE:
SYDNEY
REASONS FOR JUDGMENT
On 16 February 1999, a Registrar determined a creditor’s petition which had been presented by Mr John Meehan (“the creditor”) against Mr Pedro Alfaro and Mrs Silvia Gladys Alfaro (“the debtors”) under the Bankruptcy Act 1966 (Cth) (“the Act”). The Registrar did so by making…
Continue reading Meehan v Alfaro
Sign in free to access the full text
- AGLC
- Meehan v Alfaro [1999] FCA 832
- Case
- [1999] FCA 832
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Registrar had correctly exercised their discretion in discharging the bankrupt’s debt. The court needed to determine if the Registrar had adhered to the statutory criteria outlined in the Bankruptcy Act and whether there were any procedural errors or omissions. Specifically, the court examined whether the Registrar had considered all relevant factors and whether the discharge was justified under the law.
The court found that the Registrar had correctly exercised their discretion in discharging the debt. The decision was based on a thorough consideration of all relevant factors, and the court was satisfied that the statutory criteria had been met. The court held that the discharge was valid and that the creditor's review was without merit. The court confirmed the Registrar’s orders and directed that the costs of the review be taxed and paid in accordance with the Bankruptcy Act.
Orders
Orders of the court
1. The Registrar’s orders of 16 February 1999 be affirmed.
2. The petitioning creditor’s costs of the review (including reserved costs, if any) be taxed and paid in accordance with the Bankruptcy Act 1966 (Cth).
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.