Federal Court of Australia
CATCHWORDS
Bankruptcy - creditor's petition - whether phrase in s. 52 (2 ) (a) "1s able to pay his debts" means "1s able and willing to pay his debts" - whether phrase "it may dismiss the petition"
an s. 52 (2) is mandatory or discretionary
Bankruptcy Act 1966 (Cth.) s. 52
RONALD GRAFTON SARINA v. THE COUNCIL OF THE SHIRE OF WOLLONDILLY NO. G53 OF 1980
CORAM: BOWEN C.J., C.A. SWEENEY AND LOCKHART JJ.
MONDAY 17 NOVEMBER 1980
AT SYDNEY
IN_ THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. G53 of 1980 GENERAL DIVISION
BETWEEN: RONALD GRAFTON SARINA
Appellant and Cross-Respondent (Judgment Debtor)
AND: THE COUNCIL OF THE SHIRE OF WOLLONDILLY
Respondent and Cross—Appellant (Judgment Creditor
ORDER JUDGES MAKING ORDERS: BOWEN C.J., C. A. SWEENEY AND LOCKHART Jd WHERE MADE: AT SYDNEY DATE OF ORDERS: MONDAY 17 NOVEMBER 1980
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The cross-appeal be dismissed.
3. The appellant pay the respondent's costs of the appeal.
4. The respondent pay the appellant's costs of the cross- appeal.
5. The sum of $2,790.00 paid into Court by the appellant be paid out of Court to the appellant
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY )No. G53 of 1980
GENERAL DIVISION
RONALD GRAFTON SARINA
Appellant and Cross—Respondent (Judgment Debtor)
THE COUNCIL OF THE SHIRE OF WOLLONDILLY
Respondent and Cross—Appellant (Judgment Creditor)
CORAM: BOWEN C.J., C. A. SWEENEY and LOCKHART JJ.
17 November 1980 At Sydney
REASONS FOR JUDGMENT
This appeal raises the important question in bankruptcy whether a sequestration order may be made against the estate of a person who proves to the Court on the hearing of the petition that he is able to pay his debts. We are not aware of any previous Australian decision upon the question.
The learned primary Judge (Deane J.) heard a petition presented by the Council of the Shire of Wollondilly ("the respondent") for a sequestration order against the estate of Ronald Grafton Sarina ("the appellant").
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate