Re Chew, Chin Han Ex Parte Averill, Phillip William & Ors [1982] FCA 333

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JUDGMENT No 233 Ui ce

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IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

NO, P, 1647 982 BANKRUPTCY DISTRICT OF THE 'STATE Oo. P OF 1

OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE: CHIN "HAN 'CHEW EX PARTE: 'PHILLIP WILLIAM AVERILL, HUGH JEREMY MIDDLETON

~ JOHN STANLEY BUCKLEY, -REUBERT EDWARD 'HAYES, ~ ROBERT DUVAL GOATLY and BARRY LAURENCE SMITH trading as Messrs, Lamploughs.

RECEIVED

02 JUL 1999 CHEW PIN PIN eepERAL COURT OF | AUSTRALIA THE REGISTRAR-GENERAL IN AND FOR THE STATE

PRINCIPAL

eR TAY 'OF NEW SOUTH WALES

REASONS FOR JUDGMENT

EX_TEMPORE

LOCKHART J. 21 DECEMBER 1982

This is an application for interlocutory injunctions by the members of a firm of stockbrokers trading as Messrs, Lamploughs ("the petitioning creditor") to restrain Chin Han Chew ("the debtor") and Chew Pin Pin ("Mrs, Chew who is the debtor's wife, from selling or otherwise disposing of a house known as 4 Carrara Avenue, Vaucluse ("the Carrara Avenue house") until further order, and at least pending the determination of a petition to sequestrate the debtor's estate, A brief curial history of the matter is called for.

Barlier this year the petitioning creditor presented a petition No, 782 of 1982, to this Court to sequestrate the estate of the debtor. The act of bankruptcy relied on was that the debtor within six months before the presentation of the petition departed and remained out of Australia with intent to defeat or delay his creditors, That petition was presented on 15 July 1982.

On 30 July this Court restrained the debtor and Mrs. Chew until further order

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from disposing of the Carrara Avenue house, Leave was given to any party to apply on 24 hours notice to rescind or vary those orders. A further hearing of the application for interlocutory injunctions was adjourned to 3 August,