Federal Court of Australia
( i
" gupaminT No TO.)
CATCHWORDS BANKRUPTCY - Ground of opposition to petition that debtor "1s able to pay his debts" - Debtor eligible beneficiary of
discretionary trust which advanced to him and another jointly the amount of the debt which they both owed jointly and severally - Both debtors unwilling to pay though asserting ability to pay - Whether joint asset equal to the amount of the debt established ability to pay - Whether Court has a discretion to make a sequestration order in such circumstances even if there 1s ability to pay - After trial Judge found debtor not able to pay and adjourned for two weeks to make formal sequestration order upon filing of affidavits of debt and search, debtor applied to reopen to prove a gift from his co-debtor of her share of the joint asset - Whether debtor should be permitted to reopen at that stage - Principles relating to fresh evidence on appeal.
Bankruptcy Act 1966, $s.52(2)(a)
TROJAN -V- CORPORATION OF THE TOWN OF HINDMARSH
SA G.86 OF 1986
Northrop, Jenkinson & Burchett JJ. Sydney 21 August 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G.86 of 1986 ) )
GENERAL DIVISION
ON APPEAL FROM THE HONOURABLE MR. JUSTICE FISHER
BETWEEN: ERIC TROJAN
Appellant
AND:
CORPORATION OF THE TOWN OF HINDMARSH
Respondent MINUTE OF ORDER OF THE COURT
Judges Making Order: Northrop, Jenkinson & Burchett JJ.
Where Order Made: Sydney Date of Order: 21 August 1987
THE COURT ORDERS THAT:
(1) The appeal be dismissed. (2) The appellant pay the respondent's costs. NOTE: Settlement and entry of orders is dealt with in Order 36
of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. G.86 of 1986
eee
GENERAL DIVISION
ON APPEAL FROM THE HONOURABLE MR. JUSTICE FISHER
BETWEEN: ERIC TROJAN
Appellant
CORPORATION OF THE TOWN OF HINDMARSH
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