Re Huston, R.D. & Anor v. Ex parte Kendall, McAdam & O'Dwyer [1985] FCA 634

CATCHWORDS

BANKRUPTCY NOTICE ~- application to set-aside bankruptcy notice by going behind judgment - late discovery by judament creditor prior fo the hearing out of which the judgment debt arose - failure by judgment debtors to seek an adjournment on the basis of late discovery - failure by judgment debtors to appeal against the

judament - application dismissed.

RE: ROBIN DAVID HUSTON and JILL LARRATNE HUSTON EX PARTE: KENDALL, McADAM AND O'DWVER (A FIFM)

OLD BN2129 of 1985

PINCUS J. BRISBANE 11_ DECEMBER 1985

Il THE FEDERAL COURT OF AUSTPALTA } GENERAL DIVISION

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QLD BN2129 of 1295

BANKRUPTCY DISTRICT OF THE SOUTHERN } DISTRICT OF THE STATE OF OUEENSLAND

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RE: POBIN DAVID HUSTON and JILL LARRAINE HUSTON

EX PARTE: KENDALL, McADAM AND O''DWYER (A ETPM)

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: Ll DECEMBER 1985 WHERE MADE: BRISBANE

THE COURT FOUND AS FOLLOWS:

1. The application be dismissed.

2. The costs of and incidental ta this application. including reserved casts, be taxed and paid bv the applicant iudament debtors to the respondent firm.

ent. the time for compliance with the bankruptcy nded until 5 p.m. on Friday, 13 December 1985,

Ty in 'D »D btw + i)

NOTE: Settlement and entrv of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF ANISTRALIA GENERAL DIVISION

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OLD BN2129 of 1985

BANKRUPTCY DISTRICT OF THE SOMTHERN DISTRICT OF THE STATE OF QUEENSLAND

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FRE: ROBIN DAVID HUSTON and JILL LARRAINE HUSTON

EX PARTE; KENDALL. McADAM AND O'DWYER (A FIRM)

PINCUS J. 11 DECEMBER 1985

EX_TEMPORE REASONS FOR JUDGMENT

This is an application made by Robin David Huston and Jill Larraine Huston for orders including an order that bankruptcy notice No. 2129 of 1985 be set aside or, in the alternative. a declaration that sufficient compliance with the notice shall be made by pavment of $2957.17. The bankruptcy notice was issued ona judament of Judge Pratt given in the