Re Brown, Malcolm Kenneth Ex Parte The Bankrupt [1983] FCA 133

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CATCHWORDS BANKRUPTCY - application seeking an annulment of a sequestration order - alleged failure of service of the petition upon the debtor ~- petitioning creditor's debt paid in full - further proofs of debt lodged by putative creditors - credibility of witnesses - application dismissed.

Bankruptcy Act 1966 (Cwlth), s.154 (1) (c)

Re: MALCOLM KENNETH BROWN; ex parte THE BANKRUPT

Qld No. 543 of 1981

FITZGERALD J. BRISBANE 27 MAY 1983

IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION

) )

BANKRUPTCY DISTRICT OF THE SOUTHERN ) No. 543 of 1981 )

DISTRICT OF THE STATE OF QUEENSLAND

Re: MALCOLM KENNETH BROWN

Ex parte: THE BANKRUPT ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE ORDER MADE: 27 MAY 1983 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application 1s dismissed

2. The bankrupt must pay the costs of the petitioning creditors who appeared to oppose the application, such costs to

be taxed.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

~~ ew

BANKRUPTCY DISTRICT OF 'HE SOU'TIIERN No. vis of Tel DISTRICT OF THE STATE Ol QUEENSLAND

Re: MALCOLM KENNETH BROWN

Ex parte: THE BANKRUPT FITZGERALD J. 27 MAY 1983

EX TEMPORE REASONS FOR JUDGMENT

A sequestration order was made against Malcolm Kenneth Brown in the Supreme Court of Queensland on the petition of William McEwans Pty Limited on 11 November 1981. The matter came before a learned judge of the Supreme Court of Queensland. The material sequestration order included an affidavit by one Barry James McCosker, a process server, who swore that he served the petition on Mr Brown at 6.45 a.m. on 8 October 1981 by delivering it to him personally at his residential address although that was not

the address shown on the petition.

Paragraph 2 of Mr McCosker's affidavit was as

follows:

"I adentified the person I served by inquiring of him, 'what 1s your full name?' to which he replied, 'Malcolm Kenneth Brown'. I then asked hin,