Federal Court of Australia
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CATCHWBWORODS
BANKRUPTCY - application to set aside bankruptcy notice - whether "final" judgment obtained against debtors - Certificate of judgment including a guarantee by debtors - manner in which
courts should construe final judgment or order.
Bankruptcy Act 1966 5.40{1)(g) .5.41(3)
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ROBERT GRAHAME DOUGLAS-HILL and ELSA DOUGLAS-HILL Debtors
Ex Parte : ANTONIO GALLUAZOQ and ELMA RITA GALLUZZO
Judgment Creditors
Fisher J. Adelaide
23rd January 1985
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISTON
BANKRUPTCY DISTRICT OF THE STATE OF
SOUTH AUSTRALIA
JUDGE MAKING ORDER WHERE MADE
DATE OF ORDER
THE COURT ORDERS THAT:
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No.1018 of 1984
:ROBERT GRAHAME DOUGLAS-HILL and ELSA DOUGLAS-HILL
Debtors
Ex Parte :ANTONIO GALLUZZO
ORDER
ry
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and ELMA RITA GALLUZZO
Judgment Creditors
FISHER J. ADELAIDE
23 JANUARY 1985
The bankruptcy notice No.1018 of 1984 be set aside.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
No.1018 of 1984
) ) ) ) GENERAL DIVISION } ) BANKRUPTCY DISTRICT OF THE STATE OF }
}
)
SOUTH AUSTRALTA
Re :ROBERT GRAHAME: DOUGLAS-HILL and
ELSA DOUGLAS-HILL
Debtors Ex Parte : ANTONIO GALLUZZO and ELMA RITA GALLUZZO Judgment Creditors
23 January, 1985
EX TEMPORE REASONS FOR JUDGMENT
FISHER J.: On 29 October 1984 the judgment creditors applied to the Registrar for the issue of a bankruptcy notice addressed to the debtors. For reasons which will ultimately become apparent the form of application (Form 3) prescribed by Rule 7{1) of the Rules under the Bankruptcy Act 1966 ("the Act") was necessarily varied. Paragraphs 2 and 3 of Form 3 are as follows:
"2. I produce (here state 'an office copy of the final
judgment' or otherwise describe the document to he
filed in accordance with sub-rule 7(2)) against the
judgment debtor obtained by in the court of on the day of
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