Federal Court of Australia
A3Za
CATCHHAORDS
BANKRUPTCY - Refecence of question of law under Bankruptcy Rule 119 - whether bankruptcy notice can issue against purchaser on an order for specific performance - obligations of vendor - whether. order "final" ~- whether there is a "sum payable under the order" - whether order is one "the execution of which has not been stayed" - effect of 0.47 and 10 of Rules of the Supreme Court of Queensland on specific performance order.
Bankruptcy Act 1966 ss.4, 14, 40 41.
Bankruptcy Rules; rr.7, 119 Service & Execution of Process Act 1901 s.21
Rules of The Supreme Court of Queensland, O.18A r.1l, 0.47 r.10
Fx parte Blanchett, in re Keeling (1886) 17 QB 303 In re Daynan, Ex parte Bargal Pty.Ltd. £1983] F.C.R.291 In re a Debtor £1912] 3 F.E.242
Hall v. The Nominal Defendant (1967-1968) 117 C.L.R.423 Ex parte Ide, re Ide (1865) 17 9.B.755
Jaq Tnyestment Pty.Ltd. wv. Strati £1981] 2 N.S.W.L.R.600 Johnson v. Agnew £19803 A.C.367
Opie v. Ovie (1950-1951) 84 C.L.R.362
In re Panowitz, ex parte Wilson £1975] 38 F.L.R.185 Pepper v. McNiece (1941) 64 C.L.R.642
Re Richards, ex parte Sommers (1947) 14 ABC 112
Sudagar Singh v. Nazeer £19787 3 All E.R. 817
Ex parte Woodall, in re Woodall (1884) 13 9.B.479
IN THE MATTER OF SPECTAL CASES REFERRED TO THE COURT UNDER RULE AND IN THE MATTER OF AN APPLICATION BY COAST SECURITIES NO.9 PTY.LTD. FOR THE ISSUE OF BANKRUPTCY NOTICSS ADDRESSED TO KERPY JAMES TRAPNELL, GARY WAYNE AND DEBPA ANNA MAROSKE, JOHN LEYTON MAYO, JOHN VINCENT McCONMON, IAN ROBERT AND SUSAN KIRKHAM, AND ROBERT ROLAND AND HILARY FRANCES WESTBROOK
CORAM ~ SPENDER J. BRISBANE 5 JUNE, 1985
IN THE FEDERAL COURT OF AUSTRALIA ) GENERAL DIVISION )
BANKPUPTCY DISTRICT OF THE SOUTHERN ) DISTRICT OF THE STATE OF QUEENSLAND )
IN THE MATTER OF SPECIAL CASES REFERRED TO THE COURT UNDER RULE 119
AND IN THE MATTER OF AN APPLICATION PY COAST SECURITIES
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