Federal Court of Australia
CATCHWORDS
JUDGMENT ie. 7) / ff
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Bankruptcy - Bankruptcy petition - Authority of
petitioning creditor to sign petition - Whether
petitioning creditor bound to prove authority -
omnia praesumuntur rite esse acta.
No.
DENIS SPITZER EX PARTE:
P 911 of 1978
LOCKHART J.
8 AUGUST 1979
WELTRANS AGENCY ESTABLISHMENT
\|
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
: BANKRUPTCY DISTRICT OF THE STATE No. P 911 of 1978 & 7 OF NEW SOUTH WALES AND THE 4 AUSTRALIAN CAPITAL TERRITORY § 3 RE: DENIS SPITZER ; EX PARTE: WELTRANS AGENCY ESTABLISHME) ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDER: 31 JULY 1979
THE COURT ORDERS THAT:
A sequestration order be made against the estate of 'the debtor, and that the costs, including reserved costs, of the petitioning creditor be taxed and paid according to the Act.
Exhibits may be handed out.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE No. P 911 of 1978
OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: DENIS SPITZER
EX PARTE: WELTRANS AGENCY ESTABLISHMENT f wat 197 LOCKHART J.
REASONS FOR JUDGMENT This is a petition for sequestration of the estate of Denis Spitzer by Weltrans Agency Establishment. On 26 June 1979 a notice of intention to oppose the petition was filed by the debtor alleging the following grounds of opposition:- "1) The Petition does not disclose the
authority of the purported agent of the Petitioner.
2) The Affidavit of KEITH CHARLES FLEMING HARRIS sworn on the 26th July 1978 does not
disclose the source of authority whereby the Deponent is the "duly authorised agent"
of Weltrans Agency Establishment."
The petition is dated 24 July 1978 and was presented to the court on 1 August 1978. The petition alleges that the debtor is indebted to it in the sum of $37,748.89, together with interest, being the amount due under a final judgment recovered in the Supreme Court of New South Wales on 1 December 1977. The act of bankruptcy is the failure by the debtor to comply with the requirements
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