Federal Court of Australia
CATCHWORDS Poesy ~ > >
F LiMacanae E + J , ort
wag ; fe JU aids Vi. Woo ccencveccseeel aoscecesneee
Bankruptey - bankruptey petition ~ application that court go behind the judgment - factors relevant in determining
whether to go behind the judgment.
RE: ALI DAVID EX PARTE: ABDA LAHOOD LOCKHART J.
13 NOVEMBER 1979
IN THE FEDERAL COURT OF BANKRUPTCY
BANKRUPTCY DISTRICT OF THE STATE OF } yo. p 1582 of 1978
NEW SOUTH WALES AND THE AUSTRALIAN
RN
CAPITAL TERRITORY
RE: ALI DAVID
EX PARTE: ABDA LAHOOD
ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDER: 13 NevemacR WT,
THE COURT ORDERS THAT:
A sequestration order be made against the estate of the debtor. Costs, including reserved costs and the costs of all proceeding pefore Lockhart J. be taxed and paid according to the Act.
A draft of this order be Lodged with the Registrar within
seven days in accordance with rule 124 (2).
IN THE FEDERAL COURT OF BANKRUPTCY )
—— |
BANKRUPTCY DISTRICT OF THR STATE OF No. P 1582 of 1978 NEW SOUTH WALES AND THs AUSTRALIAN
CAPITAL TERRITORY
RE: ALE DAVID EX PARTE: ABDA LAHOOD
REASONS FOR JUDGMENT [3 Newen3e% arg LOCKHART J.
This is a petition for a sequestration order
against the estate of Ali David. The act of bankruptcy
on which the petition is founded is the failure of the debtor to comply with the requirements of a bankruptcy notice issued on 26 July 1978 and served on the debtor
on 23 August 1978. The bankruptcy notice is based on a judgment obtained by the petitioning creditor, Abda Lahood, against the debtor in the District Court of New South Wales at Sydney on 21 June 1977 in the sum of $5,000.00 together
with interest.
The debtor opposes the petition on the following
grounds:-
1. That the judgment was obtained by the petitioning creditor fraudulently and
in bad faith;
2/2
2. That the debtor has instituted proceedings in the District Court to set aside the judgment on the grounds of the petitioning creditor's fraud and deception and the action has not yet been heard or determined by the District Court.
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