Federal Court of Australia
K9 CATCHWORDS
Bankruptcy - Creditor's Petition - Bankruptcy Notice - enforcement
of judgment debt stayed before service (but not before issue) of Bankruptcy Notice - whether said Notice could found Act of Bankruptcy - rescission of order staying enforcement of judgment debt after service
of said Notice - whether Notice thereby "revives".
Bankruptcy Act 1966, ss.40(1)(g) and 41(3) (a) and (b) District Court Act 1973 (N.S.W.) s.88
Re: Vittoria D1 Giacomo Ex parte: Boral Steel Limited
No. P 892 of 1982
Evatt J. 18 March 1983 Sydney
THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE No. P.892 of 1982
OF NEW SOUTH WALES AND THE AUSTRALIAN
eee SS SS SS
CAPITAL TERRITORY
CREDITOR'S PETITION
VITTORIA DI GIACOVD Ex Parte BORAL STEEL LIMITED
ORDER
JUDGE MAKING ORDER: EVATT J.
DATE OF ORDER: 18 MARCH 1983
WHERE MADE: SYDNEY
THE COURT ORDERS THAT : 1. Bankruptcy Notice herein No. B1734 of 1982 be set aside, 2. Petition No. P892 of 1982 be dismissed.
3. The Petitioning Creditor pay the debtor's costs of and incidental to the issuing of the bankruptcy notice herein No. B1734 of 1982 and of the Petition No. P.892 of 1982.
DATE ENTERED:
DISTRICT REGISTRAR
THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. P.892 of 1982
) ) BANKRUPTCY DISTRICT OF THE STATE ) ) OF NEW SOUTH WALES AND THE AUSTRALIAN )
)
)
CAPITAL TERRITORY
CREDITOR'S PETITION
VITTORIA DI GIACOMO Ex Parte BORAL STEEL LIMITED
18 March 1983 EVATT J.
REASONS FOR JUDGMENT
The petition herein dated 2 August 1982 having been presented to the Court on 9 August 1982 was listed for hearing on 27 September 1982. On 24 September 1982 the debtor Vittoria Di Giacomo (1noorrectly referred to in the bankruptcy notice and the petition as Victor Di Giacomo) filed a notice of intention to oppose the petition together with an application seeking orders that the bankruptcy notice dated 16 April 1982 on which the said petition was based be set aside or altematively that service of the said bankruptcy notice be set aside. When the petition came on for hearing on 27 September 1982 the matter was stood over until 25 October 1982 on which date evidence was led and submissions made by legal representatives for both the debtor and the petitioning creditor in regard to the application
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