Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISLON
BANKRUPTCY DISTRICT OF THE STATE No. P1241 of 1983
OF NEW SOUTH WALES AND THE
NN ye
AUSTRALIAN CAPITAL TERRITORY
Re: VICTOR SUTITERLAND-CROPPER
Ex parte: NATIONAL ACCEPTANCE CORPORATION PTY. LIMITED
ORDER JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 22 December 1983 WHERE MADE: Sydney
THE COURT ORDERS THAT:
Brian Raymond Silvia, the trustee under the deed of
assignment in pursuance of Part X of the Bankruptcy
Act 1966 made the 5th day of September 1983 between
Herbert Victor Cropper and the said Brian Raymond Silvia, pay to National Acceptance Corporation Pty. Limited out of the estate of the said Herbert Victor Cropper the taxed costs of National Acceptance Cor-- poration Pty. Limited of the petition herein pre- sented on 12 September 1983 including the costs of
the proceedings on 5 and 12 December 1983 and this
day.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE ) No. P1241 of 1983 ) OF NEW SOUTH WALES AND THE )
)
)
AUSTRALIAN CAPITAL TERRITORY
Re: VICTOR SUTHERLAND~CROPPER
Ex parte: NATIONAL ACCEPTANCE CORPORATION PTY. LIMITED
REASONS FOR JUDGMENT
CORAM: Neaves J.
DATE: 22 December 1983
This is an application by National Acceptance Corporation Pty. Limited ("the judgment creditor") for an order providing for its costs of a creditor's petition
presented against Victor Sutherland-Cropper ("the judgment
debtor").
On 31 May 1983 a bankruptcy notice was issued on the application of the judgment creditor addressed to
Jonathan Sutherland-Cropper and the judgment debtor based
upon a judgment for $11,687.80 recovered in the District
Court of New South Wales on l2 April 1983.
That notice was served on the judgment debtor on 27 June 1983. An act of bankruptcy was committed on 18 July 1983 by reason of the judgment debtor's failure, in terms of paragraph 40(1)(g) of the Bankruptcy Act 1966 ("the Act"), to comply with the requirements of the notice or satisfy the Court that he had a counter-~claim, set-off
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