Federal Court of Australia
Federal Court of Australia
Donovan v Brown [2021] FCA 494 File number: WAD 299 of 2020
Judgment of: JACKSON J
Date of judgment: 10 May 2021
Catchwords: BANKRUPTCY AND INSOLVENCY - creditors' petition for sequestration order of debtor's estate - debtor claimed to have sufficient assets to satisfy debt - no evidence that assets available or readily realisable - irregularities in petition and service found to be formal defects only - sequestration order made
Legislation: Bankruptcy Act 1966 (Cth) ss 43, 47, 52, 306 Federal Court (Bankruptcy) Rules 2016 (Cth) rr 4.02, 4.05 Federal Court Rules 2011 (Cth) rr 1.34, 2.15, 4.05, 10.31
Cases cited: ANZ Banking Group Ltd v Elferkh [1999] FCA 1049; (1999) 92 FCR 195 Kitay, in the matter of Frigger (No 2) [2018] FCA 1032 Kleinwort Benson Australia Ltd v Crowl (1988) 165 CLR 71 Metledge v Hopkins [2020] FCA 561
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 41
Date of hearing: 10 May 2021
Counsel for the Applicants: Mr AJ Dique
Solicitor for the Applicants: Hammond Legal
Counsel for the Respondent: The respondent appeared in person
Counsel for the Supporting Creditor: Ms BA Taylor
Solicitor for the Supporting Creditor: Edwards Mac Scovell Legal
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