Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nye v Slater [1999] FCA 89
BANKRUPTCY - creditor's petition - sequestration - ability to pay debts - whether other sufficient cause to dismiss petition Bankruptcy Act 1966 ss 44, 47, 52 Sandell v Porter (1966) 115 CLR 666 applied Re Poulson; Ex parte Hempenstall Bros Ltd (No 2) (1929) 1 ABC 54 cited Leslie v Howship Holdings Pty Ltd (FCA, Sackville J, unreported, 28 February 1997) cited Re Bond Corporations Holdings Ltd (1990) 1 ACSR 350 cited Re Noye; Ex parte Deputy Federal Commissioner of Taxation (1956) ABC 77 cited Re D'Onofrio; Ex parte Blyth (1986) 65 ALR 545 cited Re Sarena; Ex parte Wollondilly Shire Council (1980) 32 ALR 596 distinguished Lipov v Alexander Fraser & Son (1978) 36 FLR 126 distinguished McLeod v Falvey (FCA, Cooper J, unreported, 20 September 1995) cited ANTHONY GRAHAM NYE v WILLIAM KEITH SLATER VG 7886 of 1998 RYAN JR MELBOURNE 5 FEBRUARY 1999
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 7886 of 1998
BETWEEN: ANTHONY GRAHAM NYE
APPLICANT
AND: WILLIAM KEITH SLATER
RESPONDENT
JUDICIAL REGISTRAR: RYAN
DATE OF ORDER: 5 FEBRUARY 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The estate of the debtor be sequestrated. 2. The petitioning creditor's costs of and incidental to the application (including reserved costs) be taxed and paid in accordance with the Act. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 7886 of 1998
BETWEEN: ANTHONY GRAHAM NYE
APPLICANT
AND: WILLIAM KEITH SLATER
RESPONDENT
JUDICIAL REGISTRAR: RYAN
DATE: 5 FEBRUARY 1999
PLACE: MELBOURNE
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