Deputy Commissioner of Taxation v. Burhala (No. 2)
[2016] FCCA 2241Deputy Commissioner of Taxation
v Burhala (No. 2)
Subject References:
Bankruptcy
Creditor's petition
whether debtor has departed Australia to defeat creditor
whether petition validly before the Court
matters in s.52(1) Bankruptcy Act 1966 clearly made out
debtor electing not to attend for cross-examination
evidence clearly establishing creditor departed Australia with intent to defeat or delay creditor
no sufficient cause why Sequestration Order should not be made
Legislative References:
Bankruptcy Act 1966 - s 40; s 43; s 44; s 52
Judgment date: 10 August 2016
Melbourne
ORDERS
(1) A sequestration order be made against the estate of FLORIN BURHALA.
(2) The applicant creditor's costs, including reserved costs, be taxed and paid from the estate of the respondent debtor in accordance with the Bankruptcy Act 1966.
The Court notes that the date of the act of bankruptcy is 2 October 2015.
The court notes that a consent to act as trustee has been signed by Gess Michael Rambaldi and Andrew Reginald Yeo.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
