Roads Corporation v Love [2016] FCA 38

FEDERAL COURT OF AUSTRALIA

Roads Corporation v Love [2016] FCA 38 File number: VID 258 of 2014

Judge: PAGONE J

Date of judgment: 3 February 2016

Catchwords: BANKRUPTCY – sequestration order – proof of matters at hearing of creditor's petition – discretion to make sequestration order – discretion to dismiss petition – circumstances of debtor relevant to whether sequestration order should be made

Legislation: Bankruptcy Act 1966 (Cth) ss 52(1), 52(2)

Cases cited: Cain v Whyte (1933) 48 CLR 639 Meinhardt (Hong Kong) Ltd v William Lindsay Meinhardt (deceased) (No 2) [2006] FCA 1323 Russell v Polites Investments Pty Ltd [2012] FCA 11 Totev v Sfar [2006] FCA 470 Xu v Wan Ze Property Development (Aust) Pty Ltd (in liquidation) [2014] FCA 461

Date of hearing: 28 January 2016

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 9

Counsel for the Applicant: Mr P Fary

Solicitor for the Applicant: Garland Hawthorn Brahe Lawyers

Counsel for the Respondent: Mr T Alexander

Solicitor for the Respondent: Macpherson Kelley

ORDERS VID 258 of 2014

BETWEEN: ROADS CORPORATION Applicant

AND: THOMAS JAMES LOVE Respondent

JUDGE: PAGONE J DATE OF ORDER: 3 FEBRUARY 2016

THE COURT ORDERS THAT:

1. A sequestration order be made against the estate of Thomas James Love. 2. The applicant's costs, including reserved costs, be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth).