Seidermann, Re W.R.R. G.James Pty Ltd, Ex parte Summary

IN THE FEDERAL COURT OF AUSTRALIA

)

GENERAL DIVISION

)	QLD P1766 of 1987

BANKRUPTCY DISTRICT OF THE SOUTHERN

DISTRICT OF THE STATE OF OWEENSLAND

RE: WERNER RICHARD ROLF SEIDEMANN

M PARTE: G. JAMES PTY LIMITED
MINUTES OF ORDER

JKGE MAKING ORDER:	PINCUS J.
DATE OF ORDER:	5 MAY 1988
WHERE MADE:	BRISBANE

Rule 124 of the Bankruptcy Rules.

THE COURT ORDERS

THAT:

1. the petition be amended by replacing the date 10

October 1987 in paragraph 4 by the date 12 October
1987;

2 . a sequestration order be made in respect of the
estate of the debtor;

3 . the petitioning creditor's costs of and Incldental
to the proceedings be taxed and paid in accordance
with the Bankruptcy Act 1966.

Settlement and entry

of orders 1s dealt with

IN THE FEDERAL COURT OF AUSTRALIA

)

GENERAL DIVISION

)

QLD P1766

of 1987

BANKRUPTCY DISTRICT OF THE SOUTHERN

)

DISTRICT OF THE STATE OF OUEENSLAND

RE: WERNER RICHARD R O W SEIDEMANN

EX PARTE: G. JAMES PTY LIMITED

PINCUS J.

5 MAY 1988

EX "PORE REASONS FOR JUDGMENT

I order that the petition be amended by replaclng the

date 10 October 1987 in paragraph 4 by the date 12 October 1987.

I dispense with reverlflcation and reservlce.

I hold that

the

execution of the petition is sufficiently proved.

Hr. Seidemann has asked for more time, and there is

something to be said for glving	h m more time, but regrettably the
matter has been before the Court from time to time and he has not

been able to pay.

It may be, as Mr Seidemann says, that bankruptcy will

turn out to be pointless from the creditor's point of view, but

fear that

the stage has been reached

which a sequestration

order must be made, and

I will make one.

I make a sequestration order in respect of the estate of

the debtor.	I find the act of bankruptcy alleged in the petition,
that is, in paragraph 4.	I order that the petitioning creditor’s

costs of and

incidental to the proceedings

be taxed and paid in

accordance with the

Act.

CaseChat Overview and Summary

This case arose in the Federal Court of Australia, General Division, in a matter concerning the petitioning creditor, G. James Pty Limited, seeking a sequestration order against the debtor, Werner Richard Rolf Seidemann. The dispute centred on the creditor's claim for outstanding debts, leading to the filing of a bankruptcy petition. The court was tasked with determining whether the alleged act of bankruptcy had occurred and if the creditor's petition was valid and supported by sufficient evidence.

The primary legal issue for the court was whether the alleged act of bankruptcy, as outlined in the petition, had indeed occurred. Specifically, the court needed to verify the accuracy of the dates and the execution of the petition. Additionally, the court had to consider whether granting further time to the debtor would be appropriate or if a sequestration order was necessary due to the debtor's inability to settle the debts.

In its judgment, the court found that the petition was sufficiently proved and that the date in the petition needed to be corrected from 10 October 1987 to 12 October 1987. Despite acknowledging that bankruptcy might not serve the creditor's interests, the court concluded that the stage had been reached where a sequestration order was necessary. The court therefore made a sequestration order in respect of the debtor's estate and ordered that the petitioning creditor's costs be taxed and paid in accordance with the Bankruptcy Act 1966.

Seidermann, Re W.R.R. G.James Pty Ltd, Ex parte

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

RE:	WERNER RICHARD ROLF SEIDEMANN
M PARTE:	G. JAMES PTY LIMITED

2 .	a sequestration order be made in respect	of	the
estate of the debtor;

RE:	WERNER RICHARD R O W SEIDEMANN
EX PARTE:	G. JAMES PTY LIMITED