Edge Technology Pty Ltd v Wang [2000] FCA 1586

FEDERAL COURT OF AUSTRALIA

Edge Technology Pty Ltd v Wang [2000] FCA 1586

BANKRUPTCY – Act of Bankruptcy – Debtors remaining out of Australia with intent to defeat or delay creditors – Debtors absenting themselves by making it impossible for their creditors to ascertain their whereabouts – inferences drawn from circumstances of departure – Bankruptcy Act 1966 (Cth) s 40(1)(c). Bankruptcy Act 1966 (Cth) ss 40(1)(c) and 43. Ex parte Coates; In re Skelton (1877) 5 ChD 979 Re Andrews; ex parte Manning (1966) 8 FCR 56 Ex parte Goater, Re Finney (1874) 30 LT 620 Barton v Deputy Commissioner of Taxation (1974) 131 CLR 370 Flower v Padget (1798) 7 TR 509; 101 ER 1103 Re Aspinall; ex parte Gardner (1812) 1 Ves & B 45; 35 ER 18 Re Parr; ex parte Osborne(1813) 2 Ves & B 177; 35 ER 286 In re Alice Alderson; Ex parte Jackson [1895] 1 QB 183 Re Thai; Ex parte Deputy Commissioner of Taxation (1994) 121 ALR 470. EDGE TECHOLOGY PTY LTD & ORS v WANG & ANOR N 7671 of 2000 CONTI J SYDNEY 24 OCTOBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7671 OF 2000

BETWEEN: EDGE TECHNOLOGY PTY LIMITED (In Liquidation) (Receiver Appointed)

First Applicant

EDGE HOLDINGS LIMITED (In Liquidation) (Receiver Appointed)

Second Applicant

MICROSOFT LICENSING INC

Third Applicant

AND: JEN-TSE-WANG

First Respondent

SIU CHUI LAI WANG

Second Respondent

JUDGE: CONTI J

DATE OF ORDER: 24 OCTOBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. A Sequestration Order be made in relation to the estate of the First Respondent Mr Jen-Tse Wang.

2. The costs of the Applicant be paid out of the estate of the First Respondent.

3. A Sequestration Order be made in relation to the estate of the Second Respondent Mrs Siu Chui Lai Wang.