Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
es
AUSTRALIAN CAPITAL TERRITORY No. 3756 of 1984
RE: RONALD DAVID GREENHILL and GAY GRAIG GREENHILL
EX PARTE: RONALD MARTIN BERNEY and ° PETER JONATHAN LANDER trading as
DONALD, BERNEY & LANDER
ORDER Judge making order: Beaumont, J. Date order made: 18 October 1984. Where made: Sydney. THE COURT ORDERS THAT: 1. I dismiss the application to set aside the
bankruptcy notice served herein.
2. I suspend the operation of order 1 until 4 p.m. on
5 November 1984.
3. I reserve liberty to the debtors to apply, on or
before 4 p.m. on 1 November 1984, on giving 48 hours' notice
to the judgment creditors in that behalf, to discharge or
vary-order 1.
4. I extend time for compliance with the bankruptcy
notice up to and including 5 November 1984.
5. I order that the debtors pay one-half of the costs of the judgment creditors of this application, including
reserved costs. '
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE
OF NEW SOUTH WALES AND THE
ee ee
AUSTRALIAN CAPITAL TERRITORY No. 3756 of 1984
RE: RONALD DAVID GREENHILL and GAY GRAIG GREENHILL
EX PARTE: RONALD MARTIN BERNEY and PETER JONATHAN LANDER trading as
DONALD, BERNEY & LANDER
CORAM: Beaumont, J.
DATED: 18 October 1984.
REASONS FOR JUDGMENT
This is an application by two debtors to set aside a bankruptcy notice served on them. The notice is based on a default judgment obtained in the Hornsby Court of Petty Sessions on 1 August 1983 in the sum of $1,224.50. The judgment creditors are solicitors and the judgment arose out
of a claim for legal costs and disbursements, including
counsel's fees, incurred in litigation conducted on behalf of the debtors. Last month, the debtors made application to the Hornsby Court of Petty Sessions to set aside its default judgment. That application is returnable on 26 October 1984. In this Court, the debtors also make an application, un the alternative, that time for compliance with the
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