Federal Court of Australia
CATCHWORDS,
BANKRUPTCY - Service of bankruptcy notice on Sunday - Whether valid service - Amount claimed in bankruptcy notice - Interest calculated to date prior to issue of notice - Whether notice
valid - Denial that debt owing - Circumstances in which Court
will qo behind judgement.
DANIEL JAMES PINKERTON EX PARTE B G TEXTILES PIY LIMITED (IN LIQUIDATION) P.432 OF 1984
WILCOX J 27 SEPTEMBER 1984, 4 OCTOBER 1984 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
No. P.432 of 1984
GENERAL DIVISION
ee
CORAM:
DATE:
PLACE:
BETWEEN : DANIEL JAMES PINKERTON Bankrupt EX PARTE: B.G. TEXTILES PTY LIMITED (IN LIQUIDATION) Applicant ORDERS
WILCOX J 27 SEPTEMBER 1984, 4 OCTOBER 1984 SYDNEY
Sequestration Order made. Order that costs be taxed and paid according to the Act.
Direct that draft order be delivered within 7 days.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. P.432 of 1984
ww evew
GENERAL DIVISION
RE: DANIEL JAMES PINKERTON
Bankrupt
EX PARTE: B.G. TEXTILES PTY LIMITED
(IN LIQUIDATION)
Applicant
REASONS FOR JUDGMENT
CORAM: WILCOX J DATE: 27 SEPTEMBER 1984. 4 OCTOBER 1984 PLACE: SYDNEY
27 SEPTEMBER 1984
A Petition for the makina of a Sequestration Order against the Estate of Daniel James Pinkerton came before me last Monday 24 September. Counsel for Mr Pinkerton appeared to oppose the making of a Sequestration Order and to submit that the petition should be dismissed. He relied upon certain grounds which had been foreshadowed 1n a Notice of Opposition dated 22 August 1984 and filed on behalf of the debtor. He also sought to
rely upon various matters which had been raised by the Registrar
2.
in his certificate under Rule 22. I will deal separately with each of the objections relied upon by counsel for the debtor
although some of them. which are of little or no substance. may
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