Wilmot, John Dawson v Buckley, William Patrick & ors [1984] FCA 354

CATCHWORDS Bankrutpcy - application to set aside bankruptcy notice - final judgment or order - no formal judgment - certificate

of taxation of costs relied on - Bankruptcy Act, 1966,

s.40(3) (b)

Re Cartwright [1975] 1 W.L.R. 573 - con.

T.A. Field Pty. Ltd. v. Frigmobile of Australia Pty. Ltd. {1978] 2 N.S.W.L.R. 488 - con.

John Dawson Wilmot v. William Patrick Buckley, Richard Ronald Hertzberg and Killarney Involvements Pty. Limited

No. B3315 of 1984

Beaumont, J. 5 November 1984. Sydney.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE

Ne ee we

AUSTRALIAN CAPITAL TERRITORY No. B3315 of 1984

Re: JOHN DAWSON WILMOT Applicant Ex parte: WILLIAM PATRICK BUCKLEY,

RICHARD RONALD HERTZBERG and KILLARNEY INVOLVEMENTS PITY. LIMITED

Respondents ORDER

Judge making order: Beaumont, J. Date order made: 5 November 1984 Where made: Sydney THE COURT ORDERS: 1. That the bankruptcy notice herein dated 9 July 1984 be set aside. 2. That the respondents pay the applicant's costs of

this application.

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

BANKRUPTCY DISTRICT OF THE STATE OF NEW SOUTH WALES AND THE

eee

AUSTRALIAN CAPITAL TERRITORY No. B3315 of 1984

Re: JOHN DAWSON WILMOT Applicant Ex parte: WILLIAM PATRICK BUCKLEY,

RICHARD RONALD HERTZBERG and KILLARNEY INVOLVEMENTS PTY. LIMITED

Respondents

CORAM: Beaumont, Jd.

DATED: 5 November 1984.

REASONS FOR JUDGMENT

This is an application by a debtor to set aside a

bankruptcy notice as bad both in substance and in form.

The history of the matter commences with orders made by Rath, J. in the Equity Division of the Supreme Court of New South Wales on 19 July 1982. According to the copy of his Honour's notes (no other material was tenderei in

evidence), on that day in a proceeding between the applicant

as plaintiff and Spa-Flo JLeisure Products Pty. Limited and the respondents as defendants, his Honour gave an oral