Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cabvil Pty Ltd as Trustee for the Berwicks (Sunshine Coast) Staff Superannuation Fund v Hoiberg
[1999] FCA 1791
BANKRUPTCY - whether the debtor could resist the making of a sequestration order because of solvency or for any other sufficient reason.
Bankruptcy Act 1966 (Cth) s 52, s 306(1)
Ashdown v Kirk [1999] FCA 1263 Cited Bendigo Bank Limited v Scerri [1999] FCA 1215 Cited Re Poulson; Ex parte Hempenstall Bros (No 2) (1929) 1 ABC 54 Cited Sandell v Porter (1966) 115 CLR 666 Foll Bank of Australasia v Hall (1907) 4 CLR (Pt 2) 1514 Cited Ling v Enrobook Pty Ltd (1997) 74 FCR 19 (FC) Cited
KEVIN PAUL HOIBERG; CABVIL PTY LTD AS TRUSTEE FOR THE BERWICKS (SUNSHINE COAST) STAFF SUPERANNUATION FUND v KEVIN PAUL HOIBERG
QG 7504 OF 1998
COOPER J BRISBANE 20 DECEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 7504 OF 1998
IN THE MATTER OF: KEVIN PAUL HOIBERG
AND: CABVIL PTY LTD AS TRUSTEE FOR THE BERWICKS (SUNSHINE COAST) STAFF SUPERANNUATION FUND
Applicant
KEVIN PAUL HOIBERG
Respondent
JUDGE: COOPER J
DATE OF ORDER: 20 DECEMBER 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The estate of Kevin Paul Hoiberg be sequestrated. 2. The petitioning creditor's costs of and incidental to the petition be taxed and paid in accordance with s 109(1)(a) of the Bankruptcy Act 1966 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 7504 OF 1998
IN THE MATTER OF: KEVIN PAUL HOIBERG
AND: CABVIL PTY LTD AS TRUSTEE FOR THE BERWICKS (SUNSHINE COAST) STAFF SUPERANNUATION FUND
Applicant
KEVIN PAUL HOIBERG
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