C2 De D> — > JUDGMENT wic. coe ecsescsed cosneenenene IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION NO. 326 of 1973 BANKRUPTCY DISTRICT OF THE STATE OF VICTORIA RE: SYDNEY GORDON BALHORN EX PARTE: SYDNEY GORDON BALHORN, and THE OFFICIAL TRUSTEE IN ' BANKRUPTCY REASONS. FOR JUDGMENT LOCKHART J. 8 FEBRUARY 1982 HIS HONOUR: In this matter I gave judgment on 21 October 1981 and made orders including an order dismissing an application of Sydney Gordon Balhorn of 9 June 1981. I ordered that the relevant orders should not operate until the expiration of 21 days from the date of filing an affidavit of service upon Mr. Balhorn personally of a sealed copy of the orders then made and a copy of my reasons for judgment. I ordered that if, in the meantime, Mr. Balhorn filed an application within the Victorian Registry of this Court to rescind or set aside any of my orders, then the orders which he sought to set aside should not operate until further order of the Court. Mr. Balhorn in fact filed a document headed "Application on 30 October 1981", in which he appears to take issue with the orders that I made earlier and which for the purpose solely of today's application I shall treat as falling within the ambit of order 5 of the orders made by me on 30 October last; but not so as to bind any Judge who may hear Mr. Balhorn's application to characterize that application as one which falls within order 5. wee /2 on Monday 1 March 1982 at 10.15 a.m. The Official Trustee in Bankruptcy file any notice of intention to oppose the application on or before Thursday 11 February 1982. Mr. Balhorn file and serve on or before 22 February 1982 any affidavits on which he proposes to rely in support of his application and that service thereof be effected by leaving a copy of the same at the office of Messrs. Stonyman & Crouch, Solicitors of 118 Queen Street, Melbourne. The Official Trustee in Bankruptcy effect service of sealed copies of this order and copies of any notice of intention to oppose Mr. Balhorn's application on or before Friday 12 February 1982 and again on Tuesday 16 February 1982 or Wednesday 17 February 1982 by leaving same in an envelope addressed to Mr. Balhorn at 52/3 Alfred Square, St. Kilda, Victoria and THE COURT DIRECTS THAT if such documents are left in a postal receptacle for the said address service thereof shall be sufficient for the purpose of this order. The Official Trustee in Bankruptcy file and serve any affidavit in reply and any other material upon which it proposes to rely on or before 26 February 1982 in the manner set forth in paragraph 4. hereof save that such affidavit or other material need only be served once. 22/4