Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
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. g Date(S) of hearing .4. 29. 7 7uat 01977. Date judgment delivered. 2Y192F |
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(NOTE: To be despatched to Principal Registry, Sydney for on-forwarding to law publishers)
CATCHWORDS
Bankruptcy - Powers of Federal Court on appeal from sequestration order -— Going behind judgment on which petition based - Whether judgment in proceedings against agent after prior judgment against principal can satisfy requirement for sequestration order -— Election ~ Merger
in judgment.
Bankruptcy Act, 1966 s.52.
OTTO SIMON and KATHY EVA SIMON v. VINCENT J. O'GORMAN PTY.
LIMITED and BRIAN ROSS WILSON
No. 23 of 1979
Coram: Franki, Pisher and Lockhart JJ.
Date: 2 November 1979.
Sydney
Be arnt rn rrr rps et
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No. 23 of 1979
GENERAL DIVISION
BETWEEN : OTTO SIMON AND KATHY EVA SIMON
Appellants
AND : VINCENT J. O'GORMAN PTY. LIMITED
and
BRIAN ROSS WILSON
Respondents
JUDGES MAKING ORDER: Franki, Fisher and Lockhart JJ.
DATE OF ORDER: 2 November 1979. WHERE MADE: Sydney.
THE COURT ORDERS:
1. The appeal is allowed.
2. The sequestration order of the Federal Court of Bankruptcy is set aside and the petition is dismissed. :
3. The first respondent is to pay the costs, including any reserved costs, of the appellants of the proceedings before the trial judge,of the proceedings in the High Court and of the appeal
to this Court.
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