Federal Court of Australia
ERRATUM RE: JAMES LOUTS FLORANCE EX PARTE: TURIMLSA PROPERTIES PTY. LID.
NO
P 309 of 1979 CORAM: LOCKHART J.
DATE OF ORDER: 11 FEBRUARY 1980.
Page 2, lane 14 "title volume 7199 folio 118, volume 2744
folio" should read "title volume 7199 folio 118, volume 9244 folio".
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———
CATCHWORDS
Bankruptcy - creditor's petition - petitioning creditor
held to be a secured creditor - whether petition may be
amended to permit secured creditors to state willingness
to surrender security or estimate value of security or
such statements must be made in petition when presented -
exercise of discretion in favour of amendment
Re: JAMES LOUIS FLORANCE EX PARTE: TURIMETTA PROPERTIES PTY. LIMITED NO. P 309 OF 1979
LOCKHART J.
SYDNEY
11 FEBRUARY 1980
IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE No. P 309 of 1979 OF NEW SOUTH WALES AND THE
AUSTRALIAN CAPITAL TERRITORY
RE: JAMES LOUIS FLORANCE Debtor
EX PARTE: TURIMETTA PROPERTIES PIY. LIMITED
Creditor ORDER JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNEY DATE OF ORDER: 11 FEBRUARY 1980
THE COURT ORDERS THAT:
1. Leave be granted to the petitioning creditor to amend paragraph 3. of the petition by deleting paragraph 3. in its present form and substituting the following:-
"3, The company holds security over part of the property of the debtor for payment of the amounts specified in the last preceding paragraph, being the debtor's interest in all those pieces or parcels of land situate at Mona Vale in the Shire of Warringah, Parish of Narrabeen and County of Cumberland, being the whole of the land comprised in Certificate of Title Volume 7199 Folic 118; Volume 9244 Folio 186 (excluding the land referred to in dealing number P 60375) and Volume 12710 Folio 224 and 225, but the company is willing to surrender the security for the benefit of the creditors generally in the event of a sequestration order being made against the estate of the debtor."
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