The applicant sought a review pursuant to section 35A of the Federal Court of Australia Act 1976 (Cth) of a sequestration order made by a registrar. A review under that section is by way of hearing de novo, the onus falling on the respondent creditor to prove the matters stated in its creditor’s petition. On review, the court was satisfied that the respondent creditor had proved the matters necessary to make a sequestration order under section 52(1) of the Bankruptcy Act 1966 (Cth), further finding there was no basis for the court to exercise a discretion not to sequestrate pursuant to section 52(2).
Danielle Davison appeared for the respondent creditor, instructed by James Conomos Lawyers.
The judgment is published here.