Federal Court of Australia
Federal Court of Australia
Aquamore Credit Equity Pty Ltd v Maroon [2023] FCA 1399 File numbers: NSD 23 of 2022 NSD 31 of 2022
Judgment of: STEWART J
Date of judgment: 13 November 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – whether the requirements for a sequestration order have been established – the Court's discretion not to make sequestration orders under s 52(1) of the Bankruptcy Act 1966 – whether solvency is established – whether the Court should go behind Supreme Court judgments to consider the claim that no debt is owed to the applicant – whether there is prejudice to the debtors
Legislation: Bankruptcy Act 1966 (Cth), ss 41(1), 41(2), 41(3), 52(1), 52(2), 52(2)(a), 52(2)(b), 52(5), 58(1)(a) Bankruptcy Regulations 2021 (Cth) r 4.01 Federal Court (Bankruptcy Rules) 2016 (Cth) r 4.04(1)(a) Contracts Review Act 1980 (NSW)
Cases cited: Australian Securities and Investments Commission v Forge [2003] FCAFC 274; 133 FCR 487 Carr v Swart [2008] FCA 1495 Florgale Uniforms Pty Ltd v Orders [2004] VSC 65 ;11 VR 54 In the matter of Vitamin Co Pty Ltd [2019] VSC 540 Liang v LV Property Investments Pty Ltd [2015] FCA 1057 Ramsay Health Australia Pty Ltd v Compton [2017] HCA 28; 261 CLR 132 Sandell v Porter [1966] HCA 28; 115 CLR 666 The Owners - Strata Plan No. 20347 v Saha [2021] FCA 961 Toyota Finance Australia Ltd v Youssef Berro [2022] FCA 497
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