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Re Taylor, K.D

Re Taylor, K.D

Case [1992] FCA 439 24 June 1992

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Details

AGLC: Re Taylor, K.D.; Ex Parte Natwest Australia Bank Ltd [1992] FCA 439 ((1992) 37 FCR 194)
Case: [1992] FCA 439
Decision Date: 24 JUNE 1992

CaseChat Overview and Summary

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Orders

Orders of the court

THE COURT DECLARES THAT:

1. It is satisfied that the debtor has committed the act of

bankruptcy alleged in the petition of failure to comply with the requirements of the bankruptcy notice.

2. It is satisfied with the proof of the other matters of which s.

52(1) of the Act requires proof.

THE COURT ORDERS THAT:

1. A sequestration order be made against the estate of the debtor.

2. The costs of the petitioning creditor (including any reserved

costs) be paid out of the estate of the debtor except where an order as to costs has previously been made.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citations

AGLC Citation

Re Taylor, K.D.; Ex Parte Natwest Australia Bank Ltd [1992] FCA 439 ((1992) 37 FCR 194)

Most Recent Citation

Knell v Travel Compensation Fund [2011] SADC 183

Cases citing this decision · 50 of 66 shown

Queensland Building and Construction Commission v Mead
[2024] FCA 1355 Para 19

…st be rejected. First, Mr Mead was ordinarily resident in Australia at the time of bankruptcy: Re Taylor; ex parte Natwest Australia Bank Limited (1992) 37 FCR 194. I do not accept Mr Mead’s submission that all of the matters in s 43(1)(b) must be satisfied. It is clear that the subsections in s 43(1)(b) are express…
iNova Pharmaceuticals (Australia) Pty Ltd v Vrkic
[2024] FedCFamC2G 721 Para 5

…ent” are not technical terms and have their ordinary English meaning ( Re Taylor; Ex parte Natwest Australia Bank Limited [1992] FCA 296; (1992) 37 FCR 194 at 197 per Lockhart J). Whether a debtor is ordinarily resident in Australia is a question of fact and degree ( Re Taylor at 197). It is the debtor’s settled and…
Wikeley v Kea Investments Ltd
[2024] FCA 631 Para 9

…n the ordinary course of a person’s life he regularly or customarily lives”: see Re Taylor: Ex parte Natwest Australia Bank Ltd [1992] FCA 296; (1992) 37 FCR 194 at [198] (Lockhart J). Mr Wikeley has given evidence in this Court that he is ordinarily a resident of Ukraine and that he has limited assets in Australia.…
Duncan and A committee convened under section 40-45 of the Insolvency Practice Schedule (Corporations)
[2024] AATA 609 Para 8

…Mr Stack referred to authorities including Re an Infant [1981] Qd R 225, Re Taylor, Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 ( Re Taylor ), and Re Adoption of BW [2017] NSWSC 174 which confirm one can be a resident in more than one place. (He noted the legislation in question here referred to being…
1733097 (Refugee)
[2024] AATA 2269 Para 18

…ular place and their intention to treat a place as home. A person may simultaneously be usually resident in more than one place.[11] [11] Re Taylor (1992) 37 FCR 194. Oral evidence…
AB and CD
[2024] WASAT 6 Para 4

…n Rights ) [2020] VCAT 547 ( NTJ ).. [30] Ibid, [65] – [66], [74] ff. [31] NTJ at [75]. [32] Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194; [1992] FCA 296.…
PQBZ and Commissioner of Taxation (Taxation)
[2023] AATA 2984 Para 2

…ual residency, and therefore no weight should be placed on this evidence. [317] Re Kenneth Dudley Taylor Ex parte: Natwest Australia Bank Limited (1992) 37 FCR 194 at [24]; cited with approval in Stockton and Commissioner of Taxation [2019] FCA 1679; (2019) 110 ATR 772 per Logan J; see also Dempsey v Commissioner of…
Tsiang & Wu (No 2)
[2023] FedCFamC1F 23 Para 28

…” has been the subject of judicial interpretation by Lockhart J in Re Taylor; ex parte NatWest Australia Bank Limited (1992) 37 FCR 194 (“ Re Taylor ”) at [198]: To say that a person is ordinarily resident in Australia must mean something more than that he is resident in Australia. The word ‘ordinarily’ connotes a c…
Tai & Shih
[2022] FedCFamC1F 381 Para 16

…ecisions regarding the definition of ordinarily resident in numerous cases including : Re Taylor; Ex parte Natwest Australia Bank Limited, Lockhart J (1992) 37 FCR 194 in the context of an application for security for costs; Logue v Hansen Technologies Ltd [2003] FCA 81, per Weinberg J (security for costs).…
Carr v Carr
[2022] NSWSC 166 Para 79

…y is provided by references to “ordinary residence” or “habitual residence” (for example, Re Taylor; ex parte National Australia Bank Ltd (1992) 37 FCR 194 at 98 and LK v Director-General, Department of Community Services (2009) 237 CLR 582; [2009] HCA 9 at [25]). The parties’ submissions proceeded on the basis that…
Bates v Bechara (No 2)
[2021] FCCA 1809

…; Ex parte NatWest Bank Ltd (1992) 37 FCR 194 Re Vassis; Ex parte Leung (1986) 9 FCR 518 Restom v Battenberg [2007] FCA 46 Sandell v Porter (1966) 115 CLR 666 Sarina v Council of the Shire of Wollondilly (1980) 43 FLR 163 Sarina v Council of the Shire of Wollondilly (1980) 48 FLR 372 Sogelease Australia Ltd v Griffi…
Tao (Migration)
[2021] AATA 1125 Para 19

…ch they are ordinarily resident in a large variety of circumstances and on various occasions. It is always a question of fact and degree. [1] (1992) 37 FCR 194.…
Hariz and Secretary, Department of Social Services (Social services second review)
[2021] AATA 614 Para 5

…e need not be exclusive; a person may reside in more than one place (Re Taylor; Ex parte Natwest Australia Bank Limited [1992] FCA 296; (1992) 37 FCR 194 at 198). For example, an individual who maintains two homes (say, one in Melbourne and one on the Gold Coast) and moves between them according to the seasons may b…
Cadence (90) Investments Pty Ltd v Chalmers, in the matter of Chalmers
[2021] FCCA 29 Para 4

…ent” are not technical terms and have their ordinary English meaning ( Re Taylor; Ex parte Natwest Australia Bank Limited [1992] FCA 296; (1992) 37 FCR 194 at 197 per Lockhart J). Whether a debtor is ordinarily resident in Australia is a question of fact and degree ( Re Taylor at 197). It is the debtor’s settled and…
Laufer v Gear
[2021] WASCA 2 Para 3

…chnical meaning for the purposes of the Act. [43] Australasian Temperance (304); Henry (505); see also Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194, 197. [44] Australasian Temperance (337).…
Wang (Migration)
[2020] AATA 3337 Para 26

…of casual or intermittent resort.’ [5] Re: Maha Hafza And: Director-General Of Social Security (1985) 6 FCR 444; [1985] FCA 164. [6] Re Taylor (1992) 37 FCR 194.…
Re Murray (deceased)
[2020] QSC 155 Para 17

…re than one place ( Re Vassis; ex parte Leung (1986) 9 FCR 518 at 524-525; Re Taylor; ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 at 198; Corbett v Nguyen [2008] NSWSC 1265 at [21]-[22]). 28.Therefore, it does not follow that because from 1 October 2008 the plaintiff resided in the Phillip Street, Enmore p…
In the matter of Australasian Hail Network Pty Limited
[2020] NSWSC 44 Para 30

…or customarily live with some element of permanence rather than casually or intermittently: Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 198 per Lockhart J. One searches for the centre of the person’s personal and family life as disclosed by the facts of the person’s activities: LK v Dire…
Stockton v Commissioner of Taxation
[2019] FCA 1679 Para 4

…Just as it was in Taylor v Natwest Australia Bank Limited (1992) 37 FCR 194, a bankruptcy case where an issue was where a bankrupt was “ordinarily resident”, Ms Stockton’s self-description as to her status, as recorded by her on her passenger cards and her tax file number application, is relevant but not determinati…
TRAN (Migration)
[2019] AATA 5661 Para 11

…e in more than one place, each of which has an element of permanence about it and is not merely a place of casual or intermittent resort. [1] (1992) 37 FCR 194.…
Anderson v Patersons Securities Ltd
[2019] NSWSC 852 Para 38

…In Re Taylor; ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 ( Re Taylor ), Lockhart J, in the context of whether a person was ordinarily resident in Australia at the time of an act of bankruptcy said (at 198):…
Khatery (Migration)
[2019] AATA 3679 Para 18

…. Likewise, a change of intention may be decisive of the question whether residence in a particular place has been maintained.[34] [33] Re Taylor (1992) 37 FCR 194; also see Hafza v Director General of Social Security (1985) 6 FCR 444; [1985] FCA 164. [34] Hafza v Director General of Social Security (1985) 6 FCR 444…
Rowan v Commissioner of State Revenue
[2019] QCAT 151 Para 20

…Mr Rowan has also referred to Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194, a case which involved the interpretation of ‘ordinary residence’ in the Bankruptcy Act 1966 . The Court held at 198 that: …a person may have two places of residence; for example a city flat and country residence. He m…
Kocaburak and Secretary, Department of Social Services (Social services second review)
[2018] AATA 942 Para 32

…esidence need not be exclusive; a person may reside in more than one place ( Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 at 198). For example, an individual who maintains two homes (say, one in Melbourne and one on the Gold Coast) and moves between them according to the seasons may be a resident…
Compton v Ramsay Health Care Australia Pty Ltd
[2017] FCAFC 221 Para 7

…rily resident in Australia. The expression “ ordinarily resident ” was explored by Lockhart J in Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 at 198: To say that a person is ordinarily resident in Australia must mean something more than that he is resident in Australia. The word “ordinarily” conn…
Fuller v Alford
[2017] FCA 782 Para 10

…for the purposes of the Act. Rather they bear their ordinary meaning: Re Taylor; Ex parte Natwest Australia Bank Limited (“ Re Taylor ”) (1992) 37 FCR 194 ( Taylor) at 197 and 198 (Lockhart J). Thus Lockhart J in Taylor held that: The concept of ‘ordinary residence’ for the purposes of the Act, in my opinion, conno…
Kim v Minister for Immigration and Border Protection
[2016] FCA 959 Para 13

…she regularly or customarily lives”. Foster J relied, for this statement on the decision in Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 , which concerned the meaning of “ordinarily resident” in the Bankruptcy Act 1966 (Cth) .…
British Marine PLC v Wollongong Coal Ltd
[2015] FCA 403 Para 19

…A person may be ordinarily resident in more than one country (see Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 at 198; Logue v Hansen Technologies Ltd (2003) 125 FCR 590 at [24]; Battenberg v Restom [2007] FCAFC 195 at [11], [33]-[36]).…
Michael Wilson & Partners Limited v Slater and Michael Wilson & Partners Limited v Nicholls
[2014] FCCA 2871 Para 1

…egree in all the circumstances of the particular case. See the comments of the Court, coram Lockhart J, in Re Taylor; Ex parte Natwest Bank Ltd (1992) 37 FCR 194): The concept of “ordinary residence” for the purposes of the Act, in my opinion, connotes a place where in the ordinary course of a person's life he regul…
Morgan Lewis and Secretary, Department of Social Services
[2014] AATA 31 Para 25

…place, residence need not be exclusive; a person may reside in more than one place (Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 198). For example, an individual who maintains two homes (say, one in Melbourne and one on the Gold Coast) and moves between them according to the seasons may b…
Hannaford v Commonwealth Bank of Australia
[2013] NSWCA 472 Para 1

…In Re Taylor; ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194, Lockhart J said at [198], in the context of whether a person was ordinarily resident in Australia at the time of an act of bankruptcy:…
Tripp and Secretary, Department of Social Services
[2013] AATA 770 Para 18

…place, residence need not be exclusive; a person may reside in more than one place (Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 198). For example, an individual who maintains two homes (say, one in Melbourne and one on the Gold Coast) and moves between them according to the seasons may b…
ZKBN and COMMISSIONER OF TAXATION
[2013] AATA 604 Para 6

…e the applicant had in mind that he would be visiting family in Australia. [35] Referring to Re Taylor v; Ex Parte Natwest Australia Bank Ltd (1992) 37 FCR 194 at 200 on appeal to Taylor v Natwest Australia Bank Ltd (Unreported, Full Federal Court, 16 October 1992) BC9203757.…
Tahiri v Minister for Immigration and Citizenship
[2012] HCATrans 336

…MS DE FERRARI: At (1992) 37 FCR 194, a decision of Justice Lockhart. Similarly, Justice Gummow in Guthiez , I think, refers to the fact that there are multiple ways of expressing the same point. The construction is all for the point of deriving the fact that somehow in the second expression there is not just the fac…
Avery v Saree Holdings Ltd; Lava Ltd v Avery
[2012] NSWSC 463 Para 1

…g of the word "ordinarily resident" in the context of the Bankruptcy Act 1966 (Cth) in judgment in Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 198:-…
Min Kyu Kim v Byung Sun (Eric) Song
[2012] NSWSC 103 Para 1

…The concept of "ordinarily resident" was considered in Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 at 198 where Lockhart J observed that the concept "connotes a place where in the ordinary course of a person's life he regularly or customarily lives" involving "some element of permanence" as dist…
Bank of Western Australia Limited v Kwok
[2012] FMCA 106 Para 23

…nary residence outside Australia, and also the possibility of lengthy absences from Australia (see Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 198, and Battenberg v Restom [2007] FCAFC 195 at [12]).…
Lee v Minister for Immigration and Citizenship
[2011] FCA 1458 Para 24

…resident” . The observations made in that context are apposite to the present context. In Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 197, Lockhart J held that those expressions are not technical terms and have their ordinary English meaning. Whether a person is ordinarily resident in Au…
Knell v Travel Compensation Fund
[2011] SADC 183 Para 2

…nd, in discussing the latter concept, Lockhart J observed (at 198): [8] (1992) 37 FCR 194 The concept of "ordinary residence" for the purposes of the Act, in my opinion, connotes a place where in the ordinary course of a person's life he regularly or customarily lives. There must be some element of permanence, to be…
Begaj and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs
[2011] AATA 826

…place, residence need not be exclusive; a person may reside in more than one place ( Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 198). For example, an individual who maintains two homes (say, one in Melbourne and one on the Gold Coast) and moves between them according to the seasons may b…
Napiat Pty Ltd v Salfinger; Re Salfinger (No. 7)
[2011] FCA 1322 Para 15

…nd “ordinarily resident” are not technical terms and have their ordinary English meaning ( Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 197 per Lockhart J). Whether a debtor is ordinarily resident in Australia is a question of fact and degree ( Re Taylor at 197). It is the debtor’s settled…
Dunning v Dunning
[2011] NSWSC 1278 Para 1

…has long been recognised, particularly in the context of bankruptcy and revenue cases. For example, in Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194, Lockhart J considered that expression, noting that the words had no technical or special meaning, being ordinary English words and that the question…
Peter Tomson v Frank John Boitano
[2011] NSWSC 527 Para 1

…The plaintiff relied upon Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194, where Lockhart J stated at 198:…
Deputy Commissioner of Taxation v Cranswick (No 2)
[2010] FCA 1155 Para 14

…n more than one place provided it is a place where he or she regularly and customarily lives ( Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194). Since September 2002 the respondent regularly and customarily lived in Australia. In addition he described himself as a citizen or permanent resident o…
Robson v Robson
[2010] QSC 378 Para 1

…iscussing the meaning of “ordinarily resident in Australia” within s 43(1)(b)(i) of the Bankruptcy Act 1966 (Cth), Lockhart J said:[6] [4](1992) 37 FCR 194. [5]Ibid at 197. [6](1992) 37 FCR 194 at 198.…
Ranmor Finance Pty Ltd v Dworjanyn
[2010] VSC 334

…[21](1992) 37 FCR 194.…
JIRI POLMAN and SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES & INDIGENOUS AFFAIRS
[2009] AATA 760

…closing submissions. 33. The meaning of "ordinarily resident" was considered in Kenneth Dudley Taylor Ex Parte: Natwest Australia Bank Limited [1992] 37 FCR 194 where Lockhart J stated at paragraph 18: "The concept of "ordinary residence" for the purposes of the Act, in my opinion, connotes a place where in t…
Cardiacos v Cooper Consulting and Constructions Services (Aust) Pty Ltd
[2009] NSWSC 938

…venue Commissioners v Lysaght [1928] AC 234 Re Vassis; ex parte Leung (1986) 9 FCR 518 Re Taylor; ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 Corbett v Nguyen [2008] NSWSC 1265 Logue v Hansen Technologies Ltd [2003] FCA 81; (2003) 125 FCR 590 Hafza v D-G of Social Security (1985) 6 FCR 444 Macrae v Macrae…
Corbett v Nguyen
[2008] NSWSC 1265

…pplication refused CASES CITED: Inland Revenue Commissioners v Lysaght [1928] AC 234 Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 Logue v Hansen Technologies Ltd [2003] FCA 81 Leyvand v Barasch (High Court of Justice, 15th February 2000 unreported; 2000 WL191256) Corby v Channel Seven Sydney Pty…
Swiderska and Anor and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs
[2008] AATA 605

…place, residence need not be exclusive; a person may reside in more than one place ( Re Taylor; Ex parte Natwest Australia Bank Limited (1992) 37 FCR 194 at 198). For example, an individual who maintains two homes (say, one in Melbourne and one on the Gold Coast) and moves between them according to the seasons may b…

View all 66 citing cases →

Cases cited in this decision · 9 of 9 shown

Re Lenske; Ex parte Lenske
[1986] FCA 21

…Burchett J. in Re Vassis; Ex parte Leung (1986) 9 FCR 518 said (at 524-5) that the phrase "ordinary resident in Australia" in s. 43 of the Act must convey the former of the two meanings attributed by Lord Sumner (i.e. a person's settled and usual place of abode). A person may have two places of residence; for examp…
Koitaki Para Rubber Estates Ltd v Federal Commissioner of Taxation
[1941] HCA 13

…nd income tax (Robertson v Federal Commissioner of Taxation (1937) 57 CLR 147; Koitaki Para Rubber Estates Limited v Federal Commissioner of Taxation (1941) 64 CLR 241 per Starke J. at 246 and Williams J. at 249; Commissioners of Inland Revenue v Lysaght (1928) AC 234 per Lord Buckmaster at 247; Levene v Commissione…
Robertson v Federal Commissioner of Taxation
[1937] HCA 32

…ographic Performance Limited v Pontin's Limited (1967) 3 All ER 736 per Cross J. at 739) and income tax (Robertson v Federal Commissioner of Taxation (1937) 57 CLR 147; Koitaki Para Rubber Estates Limited v Federal Commissioner of Taxation (1941) 64 CLR 241 per Starke J. at 246 and Williams J. at 249; Commissioners…
(1983) 2 AC 309
(1983) 2 AC 309

…As observed by Lord Scarman in R v Barnet London Borough Council (1983) 2 AC 309 at 340, "ordinary residence" has, in effect, now supplanted domicile as the test of jurisdiction in certain legislation and has therefore become an increasingly important concept in recent legislation.…
(1889) 24 QBD 71
(1889) 24 QBD 71

…f the year before the presentation of the petition; it must be within (to use the words of the English sections) a year before that date: re Hecquard (1889) 24 QBD 71 per Lord Esher M.R. at 74; re Brauch at 366. During the year before the presentation of the petition the debtor, for the purposes of the English bank…
Inland Revenue Commissioners v Lysaght
(1928) AC 234

…s Limited v Federal Commissioner of Taxation (1941) 64 CLR 241 per Starke J. at 246 and Williams J. at 249; Commissioners of Inland Revenue v Lysaght (1928) AC 234 per Lord Buckmaster at 247; Levene v Commissioners of Inland Revenue (1928) AC 217 per Lord Warrington of Clyffe at 232).…
(1928) AC 217
(1928) AC 217

…and Williams J. at 249; Commissioners of Inland Revenue v Lysaght (1928) AC 234 per Lord Buckmaster at 247; Levene v Commissioners of Inland Revenue (1928) AC 217 per Lord Warrington of Clyffe at 232).…
Canadian case of Thompson v Minister for National Revenue
(1946) SCR 209

…e must be determined on its facts and after taking into account all relevant matters: see the Canadian case of Thomson v Minister of National Revenue (1946) SCR 209 per Estey J. at 231.…
(1977) 3 WLR 354
(1977) 3 WLR 354

…v Federal Commissioner of Taxation per Dixon J. at 163) and the United Kingdom (see Re Brauch; Ex parte Britannic Securities and Investments Limited (1977) 3 WLR 354 per Goff L.J. at 364), where his Lordship conveniently collects some of the relevant authorities.…

Legislation cited in this decision · 5

Bankruptcy Act 1883 (UK)
1 mention
Bankruptcy Act 1914 c.59
1 mention
Bankruptcy Act 1924 (Cth)
55(1)(d) 1 mention
Bankruptcy Act 1966 (Cth)
1 mention
Van Beelen v The Queen
1 mention