Federal Court of Australia
CATCHWORDS
BANKRUPTCY - Contested petition - Denial of debt - Principles in relation to going behind judgment - Non disclosure of
alleged principal - Whether business conducted on behalf of debtor.
Bankruptcy Act 1966 ss.52, 269
Wren v Mahony (1972) 126 CLR 212, Watteau v Fenwick £1893] 1 OB 346 applied.
Corney v Brien (1951) 84 CLR 343, Re Pinkerton; ex parte BG Textiles Pty Limited (Wilcox J., 27 September 1984, not reported), Re V & J Removals; ex parte Earl (Pincus J., 21 June 1985, not reported), Re Johnson; ex parte Greendale
Engineering and Cables Pty Limited (1967) 11 FLR 335 referred to.
P.404 of 1984 Re ANTHONY JEFFREY t/as BLAINE GUIFFRE COUTURIERE EXCLUSIVE BRIDALWEAR; ex parte AUSTRALIAN CONSOLIDATED PRESS
Wilcox J. Sydney
28 Febru 6;+7 March 1986
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF
NEW SOUTH WALES AND THE AUSTRALIAN CAPITAL TERRITORY
B
EX PARTE:
CORAM: WILCOX J. DATE: 7 MARCH 1986 PLACE: SYDNEY
No. P.404 of 1984
ANTHONY JEFFREY t/as ELAINE GUIFTFRE COUTURIERE EXCLUSIVE BRIDALWEAR
Debtor
AUSTRALIAN CONSOLIDATED PRESS
Petitioning Creditor
MINUTE OF ORDERS
THE COURT ORDERS THAT:
1. The petition be dismissed.
NOTE: Settlement and entry of orders is dealt with by
Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF No. P.404 of 1984
NEW SOUTH WALES AND
wwe vevevrvevv ws
THE AUSTRALIAN CAPITAL TERRITORY
RE: ANTHONY JEFFREY t/as a ELAINE GUIFFRE COUTURIERE EXCLUSIVE BRIDALWEAR Debtor EX PARTE: AUSTRALIAN CONSOLIDATED PRESS
Petitioning Creditor
CORAM : WILCOX J. DATE: 28 FEBRUARY 1986 PLACE: SYDNEY
REASONS FOR JUDGMENT
The debtor Anthony Jeffrey has filed a Notice of Intention to Oppose Petition, specifying four grounds. When the matter came on for hearing counsel for the debtor
indicated that only two grounds were pressed: that the
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