Ark Energy Ltd v Buckby, in the matter of John William Buckby [2018] FCA 2095

FEDERAL COURT OF AUSTRALIA

Ark Energy Ltd v Buckby, in the matter of John William Buckby [2018] FCA 2095 File number: SAD 160 of 2018

Judge: WHITE J

Date of judgment: 7 December 2018

Catchwords: BANKRUPTCY AND INSOLVENCY – creditor's petition seeking a sequestration order against the Respondent under s 43 of the Bankruptcy Act 1966 (Cth) – petition referred for hearing and determination by a Judge – oral application by Respondent for adjournment of the hearing of the petition – oral application refused – sequestration orders made.

Legislation: Bankruptcy Act 1966 (Cth) ss 41, 43 Federal Court of Australia Act 1976 (Cth) s 35A(7)

Date of hearing: 7 December 2018

Registry: South Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 23

Counsel for the Applicant: Mr J Nunn

Solicitor for the Applicant: Piper Alderman

Counsel for the Respondent: The Respondent appeared by telephone with the permission of the Court

ORDERS SAD 160 of 2018

IN THE MATTER OF JOHN WILLIAM BUCKBY BETWEEN: ARK ENERGY LTD (ACN 602 807 125) Applicant

AND: JOHN WILLIAM BUCKBY Respondent

JUDGE: WHITE J DATE OF ORDER: 7 DECEMBER 2018

THE COURT ORDERS THAT:

1. The oral application by the Respondent for the adjournment of the hearing is refused. 2. The estate of John William Buckby be sequestrated under the Bankruptcy Act 1966 (Cth). 3. The Applicant Creditor's costs fixed in the sum of $7,556.15 be paid from the estate(s) of the Respondent Debtor in accordance with the Bankruptcy Act 1966 (Cth).