Federal Court of Australia
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a ne tee,
Me
IN THE FEDERAL COURT
Mo, Pele
OF AUSTRALIA )
GENERAL DIVISION
JUDGE MAKING ORDER: DATE OF ORDER:
WHERE MADE:
In the last line but one on page 2 of the Reasons for Judgment
published on 16 September 1977,
) No. P.89/77
Re: JAMES PADAGAS
Ex Parte: CARRIER AIR CONDITIONING
PTY LTD
Riley J. 16 September 1977
Sydney
CORRECTION
stayed" should read "the execution of which has not been
stayed".
"the execution of which has been
IN THE FEDERAL COURT
Mn ere
OF AUSTRALIA )
GENERAL DIVISION.
JUDGE MAKING ORDER:
DATE OF ORDER:
) No. P.89/77
Re: JAMES PADAGAS
Ex Parte: CARRIER ATR CONDITIONING ' PTY LTD
Riley J.
16 September 1977
WHERE MADE: Sydney ORDERS 1. A sequestration order against the estate of the debtor. 2. Costs, including reserved costs, to be taxed
and paid in accordance with the Bankruptcy Act 1966.
at
CATCHWORDS
Bankruptcy Act 1966, s. 44 = District Court Act 1973 (N.S.W.), ss. 85, 88 - Order for payment of judgment debt by
instalments - Order made after act of bankruptcy committed but before petition presented ~ Stay of enforcement of judgment - Debt "payable either immediately or at a certain future time" -
Sequestration order made.
oe ae
At he nr il tanh nn
REASONS FOR JUDGMENT
On Ll October 1976 Carrier Air Conditioning Limited obtained in the District Court of New South Wales a judgment against James Padagas for $11,686.06 on his claim and $148.50 for costs. A fourteen day bankruptcy notice claiming the total of $11,834.56 was issued on 1 November 1976 and served on the debtor on 17 December 1976. We did not comply with it and accordingly committed an act of bankruptcy on 31 December.
On 26 January 1977 he filed in the District Court an application for leave to pay the judgment debt by instalments of $2.00 a week, and sent a copy to the Registrar of the Federal Court of Bankruptcy. Under s.88(4) (a) of the District Court Act 1973 the registrar to whom the application was made was under the duty of considering and determining the application and had a discretion either to order that the judgment debt be paid by such instalments payable at such times as were specified in the application or to refuse to make such an order. The Registrar took the former course, and on the same day ordered that the unpaid amount of the judgment debt be paid by instalments of $2.00 per week, the first payment to be made on or before 4 February 1977.
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