Federal Court of Australia
CATCHWORDS
BANKRUPTCY - whether an act of bankruptcy within s.40(1)(h) of the Bankruptcy Act - no intention to suspend payment to trade creditors generally ~ debtors continued to trade and to pay
creditors in the course of their business.
Bankruptcy Act 1966, s.40(1)(h)
RE: EX PARTE:
BERNARD DENNIS CARNEY and LYNETTE ROSE CARNEY AMPOL PETROLEUM (QUEENSLAND) PTY LIMITED
NO. P.692 OF 1983 .
FITZGERALD J.
BRISBANE
14 DECEMBER 1983
RECEIVED |
22DEC O83
sak
IN THE FEDERAL COURT OF AUSTRALIA ) GENBRAL DIVISION ) )
NO. P692 OF 1983 BANKRUPTCY DISTRICT OF THE SOUTHERN )} DISTRICT OF THE STATE OF QUEENSLAND )
Re: BERNARD DENNIS CARNEY and LYNETTE ROSE CARNEY
Ex parte: AMPOL PETROLEUM (QUEENSLAND) PTY LIMITED
ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 14 DECEMBER 1983 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The petition is dismissed.
2. The debtors pay to the petitioning creditor its costs of and incidental to the adjournment of these proceedings on 5 December 1983; otherwise the petitioning creditor pay to the debtors their costs of and incidental to these proceedings, in each case the costs to be taxed and set-off.
IN THE FEDERAL COURT OF AUSTRALIA
) GENERAL DIVISION ) ) NO. P692 OF 1983
BANKRUPTCY DISTRICT OF THE SQUTHERN } DISTRICT OF THE STATE OF QUEENSLAND )
Re: BERNARD DENNIS CARNEY and LYNETTE ROSE CARNEY
Ex parte: AMPOL PETROLEUM (QUEENSLAND) PTY LIMITED
FITZGERALD J. 14 DECEMBER 1983
EXTEMPORE REASONS FOR JUDGMENT
Ampol Petroleum (Queensland) Pty Limited, a petitioning creditor, has petitioned the court for a sequestration order against the estate of Bernard Dennis Carney and Lynette Rose Carney, the debtors, who reside at Newell Highway, Boggabilla in the State of New South Wales and whose occupations are service
station proprietors. The debtors are indebted to the petitioning creditors in the sum of $94,306.45 for the petroleum products supplied by the petitioning creditor to the debtors in the period from 7 to 11 April 1983. The only act of bankruptcy relied upon in the petition is set out in paragraph 4 of the petition in the
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