Re Draper, John Ex parte Brosalco Pty Ltd [1983] FCA 125

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CATCHWORDS

Bankruptcy Petition - Notice of Opposition - debt on which petition relied said not to be of judgment debtor - going behind judgment - original contract with judgment debtor - payments of debt by company not judgment debtor - dealing by petitioning creditor consistent with contract by him personally - order extending time at the

expiration of which the petition will lapse - order made

after 12 months had expired.

Bankruptcy Act 1966 s.33(1)(c), s.52

RE: JOHN DRAPER EX PARTE: BROSALCO PTY. LIMITED

No. P.671 of 1982

McGregor J. 1 July 1983

AT SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

) ) BANKRUPTCY DISTRICT IN THE STATE ) No. P.671 of 1982 ) OF NEW SOUTH WALES AND THE )

)

)

AUSTRALIAN CAPITAL TERRITORY REs JOHN DRAPER

EX PARTE: BROSALCO PTY. LIMITED

ORDER JUDGE MAKING ORDER: MCGREGOR J. DATE OF ORDER: 1 July 1983 WHERE MADE: SYDNEY

THE COURT MAKES THE FOLLOWING ORDERS:

1. The period of the expiration of which the

petition will lapse will be a period of 24 months commencing on 17 June 1982.

2. A Sequestration Order against the estate of

the judgment debtor.

3. The judgment debtor is to pay the petitioning

creditor's costs of and incidental to the petition

and the opposition thereto including reserved costs.

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

BANKRUPTCY DISTRICT IN THE STATE No. P.671 of 1982

OF NEW SOUTH WALES AND THE

AUSTRALIAN CAPITAL TERRITORY

RE: JOHN DRAPER

Ex parte: BROSALCO PTY. LIMITED