Re Maurice Raymond Brooham Ex Parte Lynette Roslyn Brown & ORs [1979] FCA 159

JUDGMENT No. 24 71

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE

) ) ) ) ) ) No. P. 1263 of 1979 ) ) AUSTRALIAN CAPITAL TERRITORY )

RE: MAURICE RAYMOND BROOMHAM Debtor

EX PARTE: LYNETTE ROSLYN BROWN, PATRICIA ANNE HUDSON, JOHN PEARY BINGLE and KERRY FRANCERS BINGLE

Creditors

CORAM: Deane J.

Thursday 22 November, 1979.

REASONS FOR JUDGMENT

This is a contested bankruptcy petition. It is not disputed by the debtor that, if the commission of an act of bankruptcy by the debtor is established, and subject to any question of an adjournment, a sequestration order should be made. The only issue between the parties is whether on the evidence the commission of an act of bankruptcy has been

established. The resolution of that issue is far from being

free of difficulty. I have, however, come to a firm conclusion in relation to it and think it preferable that I give my

decision forthwith.

The essential facts in the matter may be briefly stated. On 11 January, 1979 the petitioning creditors obtained a default judgment against the debtor in the District Court of New South Wales at Quirindi in the amount of $4775.79, together with costs in the amount of $178, making in all $4953.79. On 26 March, 1979 the petitioning creditors caused the issue of a bankruptcy notice directed to the debtor requiring either payment of $4995.07, being the amount due under the judgment and interest to the date of the notice, or that the payment

of that amount be secured or compounded.

The bankruptcy notice was a 21-day notice. It was served upon the debtor on 26 May, 1979. Shortly after service of the bankruptcy notice upon him, the debtor telephoned the office of the petitioning creditors' solicitors and had a telephone conversation with an unidentified female. The