Mennigel, Heinrich Oswald Ex Parte the Debtor (applicant) Re Mannigel, Carolyn Nancy & Mannigel, Gunther Henry Frederick [1979] FCA 153

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(63)19

CATCHWORDS

aN

Bankruptcy ~) summary sequestration orders ~ debtor required to execute deed of assignment pursuant to special resolution of creditors under s. 204 - failure to sign deed of assignment~whether without sufficient cause - whether all creditors notified of meetings - whether persons contingent

creditors - court's discretion to make sequestration order.

IN_THE FEDERAL COURT OF AUSTRALTA

GENERAL DIVISION NSW 74 of 1979

NSW 71 of 1979 BANKRUPTCY DISTRICT OF THE STATE OF NSW 72 of 1979

NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

IN THE MATTER OF THE BANKRUPTCY ACT 1966 AND IN THE MATTER OF AN APPLICATION FOR DIRECTIONS HEINRICH OSWALD HERMAN MANNIGEL ex parte the Debtor (Applacant) AND IN THE MATTER OF

APPLICATION FOR SEQUISITRATION ORDIRS

rE CAROLYN NANCY MANNTGET, and GUNTHER HENRY FREDLRICK MANNTGOPL

ex parte Lindsay Robert Aitken

(Applicant) ORDER JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 3 DECEMBER 1979 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application No. 74 of 1979 (Mannigel senior's application) be dismissed. The question of costs be stood over to a date

to be fixed.

2. The estate of Carolyn Nancy Mannigel be sequestrated. Casts to be taxed and paid according to the Act. Direct that a draft of this order be delivered to the registrar within seven days jn accordance with rule 124 (2).

3. The estate of Gunther Henry Frederick Mannigel be sequestrated. Costs to be taxed and paid according to the Act. Darect that a draft of this order be delivered to the registrar within seven

days 1n accordance with rule 124 (2).

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IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION ) NSW 74 of 1979

BANKRUPTCY DISTRICT OF THE STATE OF ) NSW 71 of 1979

NEW SOUTH WALES AND THE ) NSW 72 of 1979