Re Lewin, M.W. v. Ex parte Milner, B.J. Re Glasson & Anor v. Ex parte Milner, B.J. [1986] FCA 158

MINUTE TO

FEDERAL COURT OF AUSTRALIA

3-2 Principal REGISTRY

All Registrars in Bankruptcy Deputy Registrar ~- ACT J. Jolliffe - for information

Re: LEWIN & GLASSON Ex Parte: BRYAN JOHN MILNER

Thts 1s an interesting judgment of Pincus J. in respect of sequestration orders sought against those parties involved in the "guava" case against whom a Judgment was entered by order of Lockhart J. 1n December 1985.

The judgment debtors argued that no sequestration order should be made because an appeal against Lockhart J's order was on foot. The order sought was that the petitions be adjourned until the appeal wn the matter was disposed of.

Pincus J. held that sequestration orders should be made.

He noted that while the practice under the Bankruptcy

Act 1924 was that a bona fide appeal instituted against

the judgment on which the bankruptcy notice was based was

a good ground for an adjournment of a petition, this was not the position under the 1966 Act It was a circumstance, along with other circumstances, to be taken 1nto account in exercising the discretion of the Court whether or not to adjourn the petition. In this case the debtors failed to demonstrate any reasonable grounds of appeal which if successful would reduce the debt below $1 5m - a sum which was st111 well in excess of the value of the debtors' assets. In Pincus J's view, this, without regard to any other factor, was sufficient reason to refuse the adjournments sought.

sta

11son uty Registrar

1 May 1986

Enc

IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION

"ey

BANKRUPTCY DISTRICT OF THE STATE ) OF NEW SOUTH WALES )

N.S.W. P471 of 1986

RE: MORRIS WALTER LEWIN

EX PARTE: BRYAN JOHN MILNER

N.S.W. P464 of 1986

RE: ROGER McMILLAN GLASSON

EX PARTE: BRYAN JOHN MILNER

DATE OF HEARING: 14, 15, 16 April 1986 DATE JUDGMENT DELIVERED: 24 April 1986 COUNSEL: for the applicants Mr. F.G. Lever instructed by