Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commonwealth Bank of Australia, In the matter of Rigg v Rigg [2001] FCA 1005
IN THE MATTER OF ANTHONY THOMAS RIGG & DOROTHY ANNE RIGG
COMMONWEALTH BANK OF AUSTRALIA v ANTHONY THOMAS RIGG & DOROTHY ANNE RIGG N7676 of 2000
MADGWICK J SYDNEY 16 JULY 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N7676 of 2000
IN THE MATTER OF ANTHONY THOMAS RIGG & DOROTHY ANNE RIGG
BETWEEN: COMMONWEALTH BANK OF AUSTRALIA
APPLICANT
AND: ANTHONY THOMAS RIGG & DOROTHY ANNE RIGG
RESPONDENTS
JUDGE: MADGWICK J
DATE OF ORDER: 16 JULY 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The estates of Anthony Thomas Rigg and Dorothy Anne Rigg be sequestrated. 2. The applicant's costs, including any reserved costs, be taxed and paid from the estates of the respondents in accordance with the Bankruptcy Act 1996 (Cth). 3. A copy of this sequestration order be given to the Official Receiver in Sydney, within two days.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N7676 of 2000
IN THE MATTER OF ANTHONY THOMAS RIGG & DOROTHY ANNE RIGG
BETWEEN: COMMONWEALTH BANK OF AUSTRALIA
APPLICANT
AND: ANTHONY THOMAS RIGG & DOROTHY ANNE RIGG
RESPONDENTS
JUDGE: MADGWICK J
DATE: 16 JULY 2001
PLACE: SYDNEY
REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 An application, by the respondent debtors to the bankruptcy petition before me, has been made to adjourn these proceedings and for orders for discovery by the petitioning creditor, the bank, on a number of issues. These are, firstly, alleged fraud in the establishment of the quantum of a debt for which the bank obtained judgment in proceedings in the Supreme Court of New South Wales in 1989; secondly, alleged fraud by the bank in the establishment of the quantum of a debt in the 1989 terms of settlement between all parties including the present respondents, which ultimately was accepted to be due from the debtors to the bank in settlement of a series of complex and inter-related Supreme Court cases; thirdly, fraud in the ascertainment of and/or unauthorised enlargement of the quantum of the debt since that time; fourthly, alleged fraud in relation to mismanagement of a large commercial property at South Nowra, involving a number of leases to tenants, which the debtors had owned; and finally, alleged fraud in relation to the sale, at an alleged under-value, of a house at Riverview Road, Nowra, which the debtors had owned.
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