Federal Court of Australia
405 JUDGMENT No. ofS 8,
CATCHWMORDS
BANKRUPTCY - finality of judgment - petitioning creditor declining to accept tender of payment - no requirement to accept
tender - sequestration order made.
RE: FRANK GEARY EX PARTE: FEEZ RUTHNING AND CO.
QLD NO. P 404 OF 1984
SPENDER J. BRISBANE 16 AUGUST 1984
IN THE FEDERAL COURT OF AUSTRALIA )
GENBRAL DIVISION ) QLD NO. P 404 of
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
RE: FRANK GEARY EX PARTE: FEEZ RUTHNING AND Co.
ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 16 AUGUST 1984 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The Court makes a sequestration order against the estate of the debtor, Frank Geary.
2. The petitioning creditor's costs of and incidental to this petition be taxed and paid in accordance with the Act.
IN THE FEDERAL COURT OF AUSTRALIA )
GENERAL DIVISION ) QLD No. P 404 of 1984
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
o
RE: FRANK GEARY EX PARTE: FEEZ RUTHNING AND CO
SPENDER_J. 16 AUGUST 1984
EXTEMPORE REASONS FOR JUDGMENT
This is an application for a sequestration order against
the estate of Frank Geary.
The material before me is convincing evidence of what I
would term the humbug of Mr Geary and the lengths to which he has
gone in playing "legal games".
When I first saw this material on Monday, 13 August, I was concerned because an affidavit by Mr Geary dated 11 May 1984
had annexed to it a notice of application to the Magistrates
Court under r.289(6) of the Magistrates Court Rules (Q1d)
applying to the Magistrates Court to set aside the judgment
entered on 20 March 1984, which judgment founds the present
proceedings.
That notice says that the application will be made on 19
April, which day is crossed out, and 24 May is written in, which in turn has been crossed out, and 4 December 1984 written in. I was anxious as to the finality of the judgment debt which founded
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