Federal Court of Australia
IN THE FRDERAL COURT QF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. W 616 of 1977 a) GENERAL DIVISION )
RE: JOAN HEUFEL Debtor EX PARTE: PETER PAGE
Creditor
REASONS FOR JUDGMENT
JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDER: 7 MAY 1979
THE COURT ORDERS THAT:
1, The application be dismissed.
2. The bankrupt pay the costs of the petitioning creditor of this applicaticn except the costs of the hearing before Riley J. on 14 June 1978,
IN THE FEDERAL COURT OF AUSTRALIA
| NEW SOUTH WALES DISTRICT REGISTRY No. W 616 of 1977
GENERAL DIVISION
RE: JOAN IIEUFEL Debtor EX PARTE: PETER PAGE
Creditor
7 May _1979 LOCKHART J.
REASONS FOR JUDGMENT
This is an application by Joan Heufel (''the bankrupt") for the annulment of her bankruptcy. The ground of the application is that the sequestration order ought not to have been made for the reasons that the bankrupt was solvent at the time it was made and that the debt, which the petitioning creditor claimed to be due to him by the bankrupt and which was the subject of a judgment signed by the petitioning creditor against the bankrupt in the District Court of New South Wales, was never due by the bankrupt to the petitioning creditor.
The application for annulment was filed on I6
May 1978 and heard by the late Mr. Justice Riley on I4 June 1978 when his Honour reserved his decision. His
Honour died before giving judgment. The application cane
12/2
* = om)
on for hearing before me on 20 April 1979. It
was agreed by all parties - namely the bankrupt, the petitioning creditor, and the Official Receiver - that
the hearing before me should be a re-hearing de novo of
the application as the result of it would turn on the credibility of the bankrupt and of the petitioning creditor.
The Official Receiver played no active role in the proceedings before me in view of the ground of the application.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate