Re: Fuller

The matter of Re: Fuller came before the court as a motion by the applicants seeking to stay the bankruptcy proceedings against Michael Fuller. The applicants argue that the judgment upon which the sequestration order was made was made without jurisdiction, and that the judgment itself is either void or voidable. They contend that a subsequent sequestration order based on that judgment debt was made without jurisdiction, and therefore the bankruptcy proceedings should be stayed.

The legal issues before the court were whether the judgment upon which the sequestration order was made was made without jurisdiction, whether the judgment by a superior court is void or voidable, and whether a subsequent sequestration order based on that judgment debt was made within jurisdiction. The applicants also sought to have the bankruptcy proceedings stayed.

The court considered the arguments put forward by the applicants and found that the judgment upon which the sequestration order was made was not made without jurisdiction. The court further held that the judgment by the superior court was not void or voidable. As a result, the subsequent sequestration order based on that judgment debt was made within jurisdiction. Consequently, the court dismissed the motion to stay the bankruptcy proceedings and ordered that Michael Fuller pay the applicants' costs of the motion.