Re David Robinson Ex Parte Stanley Lionel Walter [1984] FCA 432

429 - EXTEMPORE JUDGEMENT fA) - on ner oo uh ~| Youre wot nae! 4 rd - 7 By WILCOX J Matter No P1247 of 1

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re CREDITOR'S PETITION -~ DAVID ROBINSON Net wry HIS HONOUR: This is a hearzng of a petition by~a judgment

creditor for the making of a sequestration order. The matter came before me on 15 October 1984. On that day the petitioning creditor put before the court all of the usual evidence necessary to satisfy the requirements of section 52 of the Bankruptcy Act.

However, the judgment debtor appeared in person and contended that he did not in fact owe the money, the subject of the judgment debt . In support of that statement he tendered a document exhibit A, which is part of a letter from DML Engineering Pty Limited to a company called D and C Robinson Nominees Pty Limited, in relation to the account of that latter company with DML for

work done by that latter company on behalf of pm.

Mr Robinson informed me that D and C Robinson Nominees Pty Limited had a subcontract with DML Engineering Pty Limited in relation to works required for the Drayton coal-mine and he pointed out that the goods supplied, the account for which was the foundation of the judgment debt, were goods supplied in respect of that subcontract.

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It seemed to me that the evidence which had been tendered warranted further inquiry by the court and that it was appropriate to make direction to ensure that the factual issue

as to whether there was a debt owed by the debtor to the petitioning creditor in a sum exceeding

$1000, should be determined in this court.

Accordingly on that day I directed the debtor on or before 18 October 1984 to fale and serve notice of opposition in accordance with the rules. Such a notice was filed and served,

the grounds taken in the notice being as follows:

(1) The judgment recovered in the District Court at