Linda Merle Dunn v Linda Merle Dunn & Direct-Mix Concrete Pty Ltd [1980] FCA 47

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IN THE COURT OF "INSOLVENCY OF THE STATE OF SOUTH AUSTRALIA, ADELAIDE EXERCISING

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FEDERAL JURISDICTION IN BANKRUPTCY

BANKRUPTCY DISTRICT OF THE STATE OF SOUTH AUSTRALIA

Re: Linda Merle DUNN

Bankrupt

Ex Parte Linda Merle DUNN

and

Aprlicant

DIRECT-MIX CONCRETE PTY. LINITED

Respondent

Judgment of His Honour Judge Rogerson delivered

the 2nd day of April,

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This application was made by Mrs. Linda Merle Dunn, against

whom a sequestration order was made on 14th April 1978. The applicant's

husband, Mr. T.J. Dunn was made bankrupt at the same time, by a

separate sequestration order, Both orders were made in the absence

of the applicant and her husband. However, they appeared at the Court, .

apparently almost immediately after the orders had been made, where-

upon according to the transcript, the following conversation took

place:

"HIS HONOUR:

come since,

These people were called at 10.35, and have I will tell them what has happened.

Mr, T.J. Dunn and Mrs. L.M. Dunn, this matter, I am afraid,

was just dealt with. Is there anything you want to tell me

about why an order for bankruptcy in the estates of yourself

and your wife should not be made?

THE DEBTOR: HIS HONOUR: order?

THE DEBTOR: HIS HONOUR:

Wo.

You did not come here to resist or oppose the

No.

The order stands ......."

The applicant said in evidence before me that the learned Judge had

not spoken to her separately but had called her husband forward and

that the above conversation had been with him, She said that it was

not until later tha} day that she had realised, after attending at

the Official Receiver's Office, that she had had the right to "appeal

against", as she put it, the making of the sequestration order.

The petitioning creditor had obtained judgment by default against

the applicant and her husband on 3rd October 1977 but its solicitors