Federal Court of Australia
premenee arpare eee | se hemementn ee
OF NEW SOUTH WALES AND THE
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE No. P 793 of 1982
ee at et et et ee ee
AUSTRALIAN CAPITAL TERRITORY
Re MARY LATONA
Ex parte WATTAWA CONSTRUCTIONS
PTY. LIMITED
ORDER
JUDGE MAKING ORDER: MORLING J.
WHERE MADE: SYDNEY
DATE OF ORDER: 30 MARCH 1983
THE COURT ORDERS THAT:
» 1. Sequestration order made against the estate of the debtor.
2. The petitioning creditor's costs including any reserved costs to be paid out of the estate of the debtor.
3. The petitioning creditor to bring in a draft of this order, as required by rule 124(2) within
seven days of to-day's date.
B.. - - -- --
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE No. P 793 of 1982
OF NEW SOUTH WALES AND THE
ee ee ee ee ee
AUSTRALIAN CAPITAL TERRITORY
Re 3 MARY LATONA Ex parte 3 WATTAWA CONSTRUCTIONS PTY. LIMITED MORLING J. 30 March 1983 i REASONS FOR JUDGMENT
As I have reached a firm opinion on the issues
in this matter I propose to give judgment immediately.
The petitioning creditor, Wattawa Constructions Pty Limited, has filed a creditor's petition against Mary Latona (the debtor) seeking sequestration of her estate. In its original form the petition, by paragraph (2), alleged that the debtor was justly and truly indebted to the petitioning creditor in the sum of $11,433.20, being the amount due under a final judgment recovered in the District Court at Sydney on 23 November 1981. However,
during the course of the proceedings before me, counsel
wee ere er
——
for the petitioning creditor sought and obtained leave
to amend paragraph (2) of the petition by reducing the amount of the debtor's alleged indebtedness to a much smaller sum. The reduction was occasioned, so it
was said, by the crediting to the debtor's account of moneys received from the sale of a boat, to which I shall
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