Federal Court of Australia
CATCHWORDS
Bankruptcy - Petition based on default judgment - Power of Court to go behind judgment - Test in determining whether there was a true debt - Whether satisfied there was a debt in substantially same amount as claimed in judgment - Court not satisfied
of existence of debt.
Bankruptcy Act 1966, s.52
RE: MARY ELIZABETH LATONA EX PARTE: YVONNE MAY LESLIE
No. P.1036 of 1982
ELLICOTT J. CANBERRA 4 FEBRUARY 1983
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION
OF NEW SOUTH WALES AND THE
) ) BANKRUPTCY DISTRICT OF THE STATE ) No. P.1036 of 1982 ) AUSTRALIAN CAPITAL TERRITORY )
RE: MARY ELIZABETH LATONA EX PARTE: YVONNE MAY LESLIE
CORAM: Ellicott J.
4 February, 1983
REASONS FOR JUDGMENT
Yvonne May Leslie (Mrs Leslie) seeks a sequestration order against the estate of Mary Elizabeth Latona (Mrs Latona) for non-compliance with a bankruptcy notice served on Mrs Latona and based on a debt of $6574.47, being the amount due under a final judgment recovered by Mrs Leslie against Mrs Latona, her husband, and a company, The TreesService Centre Pty. Limited, in the District Court of New South Wales on 1 June 1982. The consideration for the judgment debt is alleged to
be wages due and not paid.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
OF NEW SOUTH WALES AND THE
) ) BANKRUPTCY DISTRICT OF THE STATE ) No. P.1036 of 1982 ) ) ) )
AUSTRALIAN CAPITAL TERRITORY
RE: MARY ELIZABETH LATONA
EX PARTE: YVONNE MAY LESLIE
ORDER
JUDGE MAKING ORDER: Ellicott J.
DATE OF ORDER: 4 February 1983 WHERE MADE: Canberra
THE COURT ORDERS THAT: -
1. The petition be dismissed. 2. The petitioner pay one half of the costs of
Mary Elizabeth Latona of these proceedings.
Mrs Latona resists the making of a sequestration order claiming (inter alia) that no amount is due by her to Mrs Leslie for unpaid wages.
The initial judgment in the District Court was obtained by default. In the action, the Statement of Liquidated Claim claimed $6459.44 as arrears of wages, salary and annual leave for work done and services rendered by Mrs Leslie as an employee for the defendants or one of them.
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