Federal Court of Australia
CATCHWORDS
Bankruptcy — Creditor's petition - whether debtor is "able to
pay his debts"
Bankruptcy Act, 1966 - s.52(2)(a)
Ronald Grafton Sarina Ex parte The Council of the Shire of Wollondilly
No. P. 1900 of 1979 Coram: Deane J. Sydney
6 June, 1980.
IN THE FEDERAL COURT OF BANKRUPTCY ) BANKRUPTCY DISTRICT OF THE STATE OF ) ) )
NEW SOUTH WALES AND THE AUSTRALIAN No. P. 1900 of 1979
CAPITAL TERRITORY
RE: RONALD GRAFTON SARINA
EX PARTE: THE COUNCIL OF THE SHIRE OF WOLLONDILLY
oO R DE RS
JUDGE MAKING ORDER: Deane J. DATE OF ORDER. 6 June, 1980 WHERE MADE: Sydney
THE COURT ORDERS THAT:
1. The Petition be dismissed.
2. That the debtor pay to the petitioning creditor its costs of the proceedings up to and including the proceedings
before the Court on 28 April, 1980.
3. That the amount of $2790 paid into Court by the debtor remain in Court for the period of twenty eight days from the date hereof. In the event that no appeal from the judgment
and orders herein 1S instituted within that period, I DIRECT that that amount be paid out to the debtor Ronald Grafton Sarina. In the event such an appeal is instituted within that period,
I_ DIRECT that the amount remain in Court and abide the order made by the Court disposing of that appeal or, in the event of
no order in that regard being made by that Court, the further
order of this Court.
4. That the exhibits be retained for the period of twenty
eight days. In the event that no appeal is lodged within that
period I ORDER that the exhibits be handed out to the parties
tendering the same.
IN THE FEDERAL COURT OF BANKRUPTCY BANKRUPTCY DISTRICT OF THE STATE OF
)
) No. P. 1900 of 1979 NEW SOUTH WALES AND THE AUSTRALIAN )
)
CAPITAL TERRITORY
RE: RONALD GRAFTON SARINA
EX PARTE: THE COUNCIL OF THE SHIRE OF WOLLONDILLY
CORAM: Deane J.
Friday 6 June, 1980.
REASONS FOR JUDGMENT
The Council of the Shire of Wollondilly ("the petitioning creditor") petitions the Court for a sequestration order against the estate of Ronald Grafton Sarina ("the debtor"). The act of bankruptcy upon which the petitioning creditor relies is the debtor's failure to comply with the requirements of a twenty one day bankruptcy -notice served on him on 18 October, 1979 and requiring the payment of the amount of $2289.88 due to the petitioning creditor under a final order of the Supreme Court of New South Wales. The amount in question represented taxed costs of an action between the petitioning
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