Re Bloomer, G. v. Ex part Ford Credit Australia Ltd [1985] FCA 282

Bankruptcy - creditor's petition based upon summary judgment in

District Court ~ whether in the circumstances Court can go behind

judgment - oral evidence given by bankrupt

Bankruptcy Act 1966

RE:

GILBERT BLOOMER - Judgment Debtor

EX PARTE: FORD CREDIT AUSTRALIA LIMITED - Judgment Creditor

No.

P635 of 1984

TOOHEY J.

PERTH

26 JUNE 1985

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA

No. F635 of 1984

RE: GILBERT BLOOMER

Judgment Debtor

EX PARTE: FORD CREDIT AUSTRALIA LIMITED

Judgment Creditor

MINUTE OF ORDER

JUDGE MAKING ORDER : Toohey J. DATE OF ORDER 3 26 June 1985 WHERE MADE 3 Perth

THE COURT ORDERS THAT:

1. There be a_ sequestration order against the estate of

Gilbert Bloomer.

2. The costs of the petition be taxed and paid out of the

estate of the debtor.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA

No. P635 of 1984

we ewwv

RE: GILBERT BLOOMER

Judgment Debtor EX PARTE: FORD CREDIT AUSTRALIA LIMITED

Judgment Creditor

CORAM: TOOHEY J.

26 JUNE 1985

REASONS FOR JUDGMENT

Ford Credit Australia Limited ("Ford Credit") petitions the Court for a sequestration order against the estate of Gilbert Bloomer. The act of bankruptcy relied on is failure to comply

with a bankruptcy notice calling upon Mr. Bloomer to pay the sum

of $7,812.41.

This sum was the amount of a final judgment obtained by Ford Credit against Mr. Bloomer in the District Court of Western Australia on 27 February 1984. I was told by counsel for Ford Credit that the judgment was the result of an application for summary judgment following the filing of an appearance by Mr. Bloomer to the writ of summons issued against him. Mr. Bloomer was not represented on the hearing of the application for summary