Watts v Bendigo and Adelaide Bank Limited (No. 3) [2011] FCA 186 (9 March 2011)

http://www.austlii.edu.au/au/cases/cth/FCA/2011/186.html

BANKRUPTCY – Sequestration order – creditor’s petition – whether act of bankruptcy within six months of petition – interpretation of order extending time for compliance with bankruptcy notice until “first return date” of notice of appeal – whether “first return date” was date of appeal index conference before registrar or later call-over before judge

BANKRUPTCY – Sequestration order – creditor’s petition – whether debtor able to pay debts within meaning of Bankruptcy Act 1996 (Cth) s 52(2)(a) – whether sequestration order ought not be made for “other sufficient cause” within meaning of s 52(2)(b)

Evidence Act 1995 (Cth) ss 91, 131