Phillips v Carrafa, in the matter of Phillips (Bankrupt)

[2025] FCA 870

Federal Court of Australia31 July 2025

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Interrogate

Catchwords

1. Bankruptcy
2. › Annulment of bankruptcy
3. › Whether sequestration order 'ought not to have been made'
4. › Power to go behind judgment debt
5. › Whether 'real debt' owed by bankrupt to petitioning creditor
6. › Contract with registered business name
7. › Effect of bankrupt being holder of registered business name
8. › Bankruptcy Act 1966 (Cth), s 153B(1)
1. Bankruptcy
2. › Annulment of bankruptcy
3. › Discretion to annul
4. › Solvency at time of application
5. › Failure to provide information to trustee
6. › Delay in bringing application
7. › Conduct during bankruptcy
8. › Bankruptcy Act 1966 (Cth), s 153B(1)
1. Contract
2. › Parties to contract
3. › Identification of contracting party
4. › Objective theory of contract
5. › Contract made in name of registered business name
6. › Whether holder of business name or entity operating business is proper party
7. › Business Names Registration Act 2011 (Cth), ss 16(1), 18, 23(1), 35(1), 62S(1)
1. Practice and Procedure
2. › Adjournment
3. › Late application for adjournment
4. › Inadequate explanation for non-compliance with timetabling orders
5. › Public interest in expeditious resolution of bankruptcy proceedings
6. › Federal Court of Australia Act 1976 (Cth), s 37M(2)
7. › Bankruptcy Act 1966 (Cth), s 33(1)

Quick Take

Where a contract is made in the name of a registered business name, the holder of that business name bears a prima facie liability under the contract, and the holder bears the onus of displacing that position by evidence of objective circumstances known to both parties indicating a different contracting entity.