Federal Court of Australia
FITZGERALD J.
CATCHWORDS BANKRUPTCY - application to reverse decision rejecting a proof of debt - debt under a guarantee - evidence to
sustain a claim for rectification of the guarantee.
Bankruptcy Act, 1966, s.178
RE: MALCOLM KENNETH BROWN;
ex parte RAYMOND FREDERICK JAGO
No. 543 of 1981
BRISBANE 12 OCTOBER 1983
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) No. 543 of 1981
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: MALCOLM KENNETH BROWN
EX PARTE: RAYMOND FREDERICK JAGO
ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 12 OCTOBER 1983 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Time for the making of the application extended to 5 July 1983.
2. Decision of the Official Receiver in Bankruptcy dated 25 February 1982 rejecting the claim of Raymond Frederick Jago against the bankrupt estate of Malcolm Kenneth Brown be reversed.
3. The claim be admitted against the said estate.
4. The applicant to pay to the Official Trustee the reserved costs of and incidental to the directions hearing in these proceedings on 5 October 1983.
5. Subject to paragraph 4, the applicant's costs of and incidental to these proceedings including the reserved costs be taxed and paid out of the said estate.
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION ) No. 543 of 1981
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: MALCOLM KENNETH BROWN
EX PARTE: RAYMOND FREDERICK JAGO
FITZGERALD J. 12 OCTOBER 1983
REASONS FOR JUDGMENT.
A sequestration order was made in respect of the estate of Malcolm Kenneth Brown by the Supreme Court of Queensland exercising federal jurisdiction in bankruptcy on 11 November 1981. On 14 January 1982, the applicant, Raymond Frederick Jago, lodged a proof of debt with the Official Trustee as trustee of the estate of the bankrupt. By the proof of debt, the applicant claimed that the bankrupt was indebted to him inthe sum of $53,500.00 under a guarantee dated 22 January 1980. The proof of debt was rejected on 25 February 1982. This application, which seeks orders that the decision rejecting the proof of debt be reversed and that the debt be admitted, was filed on 7 July 1983.
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