Wiggins; ex parte Credit Assistance Pty Limited [1979] FCA 182

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« CATCIVORDS JUDGRIENT No. scvesuncesoneol sedensoous

Bankruptey - application to be substituted as petitioning creditor ~ applicant holding security over debtor's property - whether applicant obliged to both value security and include in the petition the statement as to willingness to surrender

"security - requirements not cumulative.

RE: D. WITGGINS (male) EX PARTE: CREDIT ASSISTANCE PTY, LIMITED

LOCKHART J.

2% SEPTEMBER 1979 P 263 )%

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION BANKRUPTCY DISTRICT

No. P 368 of 1979 OF THE STATE OF NEW SOUTH WALES' AND

THE AUSTRALIAN CAPITAL TERRITORY

RE: D. WIGGINS (male) EX PARTE: CREDIT ASSISTANCE PTY. LINT?S: ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDER: 26 SEPTEMBER 1979

THE COURT ORDERS THAT:

1. Credit Assistance Pty. Limited be substituted as

petitioning creditor.

2. The hearing of the petition be adjourned to 5 November 1979. 3. Should Credit Assistance Pty. Limited obtain a

sequestration order, the original petitioning creditor's costs are to take priority to the costs of Credit Assistance Pty. Limited. Should Credit Assistance Pty, Limited not obtain a sequestration order, then the debtor is to nay the original petitioning creditor's costs including reserved

costs.

4. Costs of both parties of this application be reserved.

IN THE FEDERAL COURT OF AUSTRALIA )

GENERAL DIVISION BANKRUPTCY DISTRICT No. P368 of 1979 OF THE STATE OF NEW SOUTH WALES AND

THE AUSTRALIAN CAPITAL TERRITORY

D. WIGGINS (male)

EX PARTE: CREDIT ASSISTANCE PTY. LIMITED

REASONS FOR JUDGMENT

CORAM: LOCKHART J. 26 September 1979.

This is an application by a creditor of the debtor for an order that it be substituted as petitioning creditor. The petitioning creditor is Tooheys Limited. The petition was presented on 13 March 1979 and listed for hearing on 8 May 1979. The petition has since been adjourned on a number of occasions.