Re Wheaton, Alma Joyce Ex Parte Wattyl (Queensland) Pty Ltd [1983] FCA 134

BANKRUPTCY - materials supplied by the creditor to the debtor's husband for use in his business - account in joint names ~ bankruptcy notice based on a judgment debt obtained in the Magistrates Court relating to these materials - debtor neither authorized nor knew thak

her husband was opening a joint account ~ debtor did nothing to hold out that her husband was authorized to use her name or that she accepted responsibility for the debt - creditor's petition dismissed - debtor's

attitude to Magistrates Court plaint and judgment -

no order as to costs.

Bankruptcy Act 1966 (Cwlth), s.52

Re: ALMA JOYCE WHEATON; ex varte WATTYL (QUEENSLAND) PTY LTD

Qld Pet No. 60 of 1983

FITZGERALD J. BRISBANE 30 MAY 1983

IN_ THE FEDERAL COURT OF AlDsIRALTA GENERAL DIVISTON

IN THE BANKRUPTCY DISTRICT OF THE SOUTHERN DISTRICT OF THE SLPALE Ob

)

)

Pet No GO ol bony QUEENSLAND )

Res ALMA JOYCD WHEATON

Paparte: WALPYL (qQlhinal wp) pry Lin

ORDER JUDGE MAKING ORDER: PIC/OLRALD oT. DATE ORDER MADE: jO MAY LOS WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The petition is dismissed

2. No order as to costs

IN THE FEDERAL COURT OF AUSTRAT ILS GENERAL DIVISION

IN THE BANKRUPTCY DISTRICT OF Pub SOUTHERN DLSTRICT OF UAB STATL OF QUEENST AND

y Per. No. of of 1989 )

Re: ALMA JOYCE WHE ALO

Rx parte: WATPYL (QUIENSLWD) pry lrp

FITZGERALD J. 30 MAY 198 3

EXTEMPORE REASONS POR JT DGMENT

The pet:iLion for a Sse puestratiom order avast the estates of Alma Joyce Wheiton, the debtor, .nd hes husband was presented by Waltyl (Queens Lend) Proprretary Limited, the creditor. on 29 Noventber 1962, A nequestration order has already been made apaaist the state et the debtorts

husband on the petition.

The pelitaon alleged that the debtor and her husband were gustly and truly andebted to the credrvlor am the sum of $2419.35, beius moneys ovine pursuant too default judsment obtained by the creditor agaansr the deblor wand her husband