Lee has incurred numerous debts

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Reference no: EM133936722

Lee is a university student. She is a Malaysian citizen and has been living in Australia and attending university. Since arriving in Australia, Lee has incurred numerous debts and is concerned that she is in serious financial difficulty.

On 15 January of the current year, Lee, fearing the worst, sold her motorbike to Anna, her flatmate, at a small fraction of its market value.

On 15 June, she was served with a bankruptcy notice by American Express after failing to meet a judgment (for $5000) owed to that company for her credit card.

On 21 June, Lee borrowed $5000 from Shark and used this money to pay out the American Express debt.

On 1 July, she presented a notice of intention to present a debtor's petition.

On 10 July, a judgment was entered against Lee in favour of Shark for $6000. The judgment amount included interest claimed against Lee.

On 1 September, Shark sent a bankruptcy notice to Lee by post. Anna picked up the letter and put it aside, forgetting to tell Lee about it. Lee only found out about the letter when she was subsequently personally served with a creditor's petition. She now notices that the bankruptcy notice refers to 'Leigh' instead of 'Lee'.

Question

Does Shark have grounds to seek a sequestration order against Lee?

Reference no: EM133936722

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