Westpac Banking Corporation v Goodman

Link copied
Case Copied 29 min read

FEDERAL MAGISTRATES COURT OF AUSTRALIA

WESTPAC BANKING CORPORATION v GOODMAN [2010] FMCA 993
BANKRUPTCY – Sequestration order – whether available act of bankruptcy – whether judgments relied on have been stayed – whether counterclaim which could not have been set up in the proceedings where judgments obtained – whether creditor seeking to prevent debtor taking action against creditor – whether enough to refuse sequestration order – sequestration order made – costs.
Bankruptcy Act 1966, ss.40(1), 41(1), 44(1)(a), 52, 116(2)(b)
Bankruptcy Regulations 1966, reg.6.03
Bankruptcy Legislation Amendment Act 2010, sch.4 (Part 1)
Abigroup Limited v Abignano (1992) 29 FCR 74
Bayne v Blake No. 2 (1909) 9 CLR 360
Bride v KMG Hungerfords (a firm) (unreported) FCA 23 April 1998
Cain v Whyte (1933) 48 CLR 639
Clyne v Deputy Commissioner of Taxation (1984) 52 ALR 657
Goldberg v Morrow [2005] FCA 1038
Goodman v Westpac Banking Corporation [2010] FMCA 714
ICM Agriculture Pty Ltd (ACN 006 077 765) v Young (2009) 260 ALR 515
Radich v Bank of New Zealand (1993) 45 FCR 101
Re Coyne; Ex parte Binningup (South) Pty Ltd (unreported) 10 November 1992
Re King; Ex parte Commercial Bank of Australia Ltd (No.2) [1920] VLR 490
Re Skinners and Smiths Application (1982) 45 ALR 553
Rigg v Baker (2006) 155 FCR 531
Sarina v Council of the Shire of Wollondilly (1980) 32 ALR 596
SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668
Totevv Sfar (2008) 5 ABC(NS) 691
Williams v Spautz (1992) 174 CLR 509
Applicant: WESTPAC BANKING CORPORATION
Respondent: MORRIS GOODMAN
File Number: MLG 1059 of 2010
Judgment of: Turner FM
Hearing date: 15 November 2010
Date of Last Submission: 14 December 2010
Delivered at: Melbourne
Delivered on: 17 December 2010

REPRESENTATION

Counsel for the Applicant: Mr Nichol
Solicitors for the Applicant: Gadens Lawyers
The Respondent appeared In Person

ORDERS

  1. A sequestration order is made against the estate of Mr Morris Goodman.

  2. Mr Warren White be appointed as the trustee of the bankrupt estate of Mr Morris Goodman.

  3. The costs of this matter follow the event and be taxed by the Registrar and paid according to the Bankruptcy Rules.

  4. The interim application filed by the debtor on 4 October 2010 is dismissed.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT MELBOURNE

MLG 1059 of 2010

WESTPAC BANKING CORPORATION

Applicant

And

MORRIS GOODMAN

Respondent

REASONS FOR JUDGMENT

  1. The Court has before it a creditor’s petition by the applicant Westpac Banking Corporation against the respondent Morris Goodman. The petition seeks a sequestration order. Mr Nichols represented the applicant; the respondent was self represented.

  2. For the Court to have jurisdiction to make a sequestration order there must be an available act of bankruptcy within the terms of s.40(1) of the Bankruptcy Act 1966 (the “Act”).

    The creditor alleges that the debtor has committed an act of bankruptcy as defined in s.40(1)(g) as follows:

    40 Acts of Bankruptcy

    (1)A debtor commits an act of bankruptcy in each of the following cases:

    …

    (g)…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Westpac Banking Corporation v Goodman and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2010] FMCA 993
Decision Date

CaseChat Overview and Summary

The Federal Magistrates Court was asked to decide whether to make a sequestration order against the respondent, Morris Goodman, following a creditor’s petition by the applicant, Westpac Banking Corporation. The applicant alleged that the debtor had committed an act of bankruptcy under s.40(1)(g) of the Bankruptcy Act 1966 (the “Act”) in that the debtor had failed to comply with a bankruptcy notice served on him. The debtor argued that the bankruptcy notice should be set aside because the debt was not a final judgment, and that the applicant had an ulterior motive in presenting the creditor’s petition. The Court found that the debtor had committed an act of bankruptcy and dismissed the debtor’s application to set aside the bankruptcy notice. The Court then made the sequestration order sought by the applicant, and appointed a trustee for the debtor’s estate. The Court also ordered that the costs of the matter follow the event and be taxed by the Registrar and paid according to the Bankruptcy Rules. The Court dismissed the interim application filed by the debtor on 4 October 2010.

Orders

Orders of the court

Full text does not contain this section.

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.