Federal Court of Australia
A.
IN THE FEDERAL COURT OF AUSTRALIA } GENERAL DIVISION )
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF OUEENSLAND )
OLB PET 1098 of
RE: ERNEST BRIAN GRIEVE and SHIPRLEFE ANN GRIEVE
EX PARTE: DAINFORD LIMITED
ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 11 March 1985 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
l. The bankruptcy notice of 4 July 1984
dicected to Ernest Brian
Grieve and
Shirlee Ann Grieve did not validly issue
on the order of Sheahan J. 1983.
2. The creditor's petition
of 28 October
seeking the
making of sequestration orders against Ernest Brian Grieve and Shirlee Ann
Grieve 15 dismissed.
42 8s"
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISTON ) OLD PET 1028 of 1954
BANKRUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND }
RE: ERNEST BRIAN GRIEVE and SHIPLEE ANN GRIEVE
EX PARTE: DAINFORD LIMITED
SEENDER J. 1) MARCH 1985
EXTEMPOKE REASONS FOR JUDGMENT
This is a creditor's petition for sequestration against
Ernest Brian Grieve and Shirlee Ann Grieve.
It raises questions which are, unrortunately, of no present ainfrequency as to the circumstances inc'mhich a valid
bankruptcy notice can he founded on an order for specific
performance.
This case has features a little different from others of a similar kind in that the persons whose estatey are sought to be
sequestrated are quarantors under a contract for the purchase of
a home unit on the Gold Coast.
on
NN
N
Queensland ordered that an agreement dated 24 October
8 October 1983, Sheahan J. in the Supreme Court of
between Dainford Limited, the petitioning creditor, and Fosaqrove
Investments Pty Limited, the first defendant, ought to
specifically performed and carried into execution.
His order was:-
-. that the First Defendant within fourteen (14: days of today do pay into Court to the credit of this action the balance purchase price due under the said agreement namely $179,10u.00 together with interest upon the said balance purchase price in the sum of $88.32 per day for each and every day from and including the 6th day of December, 1982 until and ancluding the date when such payment unto Court shall be made
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate