Federal Court of Australia
NOT FOR DISTRIBUTION
oO
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKPUPTCY DISTRICT OF No. NSW W.643 of 1986
THE STATE OF NEW SOUTH WALES AND
wwe we wee we ve Sw
THE AUSTRALIAN CAPITAL TERRITORY
&
MICHAEL THOMAS SEYMOUR
Bankrupt
EX PARTE: DEPUTY COMMISSIONER OF TAXATION
Petitioning Creditor
CORAM: WILCOX J PLACE: SYDNEY DATE: 6 JUNE 1986
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. A Sequestration Order be made against the estate of
the debtor.
NOTE
The petitioning creditor's costs of the petition including reserved costs be taxed and paid in
accordance with the Act.
Settlement and entry of orders is dealt with by Bankruptcy Rule 124.
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NOT FOR DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF No. NSW W.643 of 1986
THE STATE OF NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: MICHAEL THOMAS SEYMOUR Bankrupt
EX PARTE: DEPUTY COMMISSIONER OF TAXATION
«a Petitioning Creditor
CORAM: WILCOX J PLACE: SYDNEY DATE: 6 JUNE 1986
EXTEMPORE REASONS FOR JUDGMENT
The matter before the Court is the hearing of a creditor's petition against Michael Thomas Seymour. On 20 March 1986 the debtor filed a Notice of Opposition on two
grounds. The second of those grounds has been abandoned and
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the only issue before the Court is whether or not the act of bankruptcy, alleged in para.4 of the petition, was committed
as alleged.
That issue in turn depends upon whether the debtor was served with a bankruptcy notice on Thursday, 15 August 1985, as alleged in an affidavit sworn by Judith Vickery on 27 August 1985. There was, at that time, in existence an order for substituted service. But the evidence of Ms Vickery, which has been given today, indicates that she served a person whom she believed at the time to be Mr Seymour himself. In an affidavit, sworn on 12 May 1986, she identified the person served by reference to a photograph which is exhibit A before me. It is now' conceded that the person in the photograph is in fact the debtor, Michael Thomas Seymour.
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