Federal Court of Australia
CATCHWORDS Bankruptcy - Appeal from Supreme Court of Queensland - Petition against joint debtors - substitution of petitioner under s.49 of the Bankruptcy Act - exercise of discretion - where substituted debt against one debtor only - where
substituted debt disputed - where more than six months since
the act of bankruptcy.
Bankruptcy Act, 1966: ss.40(1), 44(1)(c), 46 and 49
GEOFFREY HARDING DEAN v. Q.U.F. INDUSTRIES LTD.
(No. G5 of 1981)
CORAM: Deane, McGregor and Sheppard Ju.
Brisbane
3 June, 1981
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
et ee ee
NO. G5 of 1981
ON APPEAL FROM THE SUPREME COURT OF OUEENSLAND
JUDGES MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
THE COURT ORDERS THAT:
BETWEEN: GEOFFREY HARDING
DEAN Appellant AND: Q.U.F. INDUSTRIES LTD. Respondent ORDER
Deane, McGregor JJ.
3 June, 1981
Brisbane
1. Appeal be dismissed with costs.
and Sheppard
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) WO. G5 of 1981 ) )
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND
BETWEEN: GEOFFREY HARDING
DEAN Appellant AND: Q.U.F. INDUSTRIES LTD. Respondent CORAM: Deane, McGregor and Sheppard JJ. 3 June, 1981 REASONS FOR JUDGMENT THE COURT: This appeal 1s from an order made by the
Supreme Court of Queensland, exercising Federal jurisdiction in bankruptcy, that the respondent Q.U.F. Industries Limited be substituted as petitioning creditor against the appellant Geoffrey Harding Dean ("the appellant") in bankruptcy proceedings instituted by a petition presented to the Supreme Court on 2 December, 1980. Each of the members of this Court has reached a firm view on the various matters involved in
the appeal. In the circumstances, it is preferable that we
give our
decision immediately rather than take time
to
formulate our reasons with the added detail and precision
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