Federal Court of Australia
AGO
CATCHWORDS Bankruptcy - judgments obtained in Switzerland registered in
Supreme Court of South Australia pursuant to Foreign Judgments Act 1971 (S.A.) - decision of Registrar of Federal Court refusing to issue bankruptcy notice except in respect of taxed costs of registration proceedings - application pursuant toa 5.14(5)
Bankruptcy Act to review Registrar's decision - interpretation of
5.41(3)(c)(2).
Bankruptcy Act, ss. 5, 14(5), 41(3)(c)(i)
Foreiqn Judgments Act 1971 98.A.), 5.7(7)
Re a Judgment Debtor (1939) 1 Ch. 601
No. 242 of 1986
Re: GORDON CAMPBELL McGILVRAY and Ex Parte FOREIGN COMMERCE BANK
INC. and REGISTRAR IN BANKRUPTCY SOUTH AUSTRALIA, DISTRICT
REGISTRY
Forster, J. Adelaide
17 March 1986
IN THE FEDERAL COURT OF AUSTRALIA )
) SOUTH AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION No. 242 of 1986
BANKRUPTCY DISTRICT OF THE STATE
OF SOUTH AUSTRALIA
Re: GORDON CAMPBELL McGILVRAY Debtor and:
Ex Parte: FOREIGN COMMERCE BANK INC.
Applicant
and:
REGISTRAR IN BANKRUPTCY SOUTH AUSTRALIA, DISTRICT
REGISTRY Respondent JUDGE MAKING ORDER : FORSTER J. WHERE MADE 3 ADELAIDE
DATE OF ORDER 17 MARCH 1986
THE COURT ORDERS THAT:
i. The Registrar issue a bankruptcy notice in the form of Exhibit "6" to the affidavit of Grant Kingsley Feary sworn herein on March 1986.
Note:
Settlement and entry of order 1s dealt with in Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIA DISTRICT REGISTRY)
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE
No. 242 of 1986
www eww
OF SOUTH AUSTRALIA
Re: GORDON CAMPBELL McGILVRAY
Debtor and: Ex Parte: FOREIGN COMMERCE BANK INC. Applicant and:
REGISTRAR IN BANKRUPTCY
SOUTH AUSTRALIA, DISTRICT
REGISTRY
Respondent REASONS FOR JUDGMENT FORSTER J. : This was an application by Foreign Commerce Bank Inc.
for an order directing the Registrar of this Court to issue a bankruptcy notice directed to Gordon Campbell McGilvray. The application was made under 5.14(5) of the Bankruptcy Act to review a decision of the Registrar to refuse to issue a bankruptcy notice. At the conclusion of the hearing I made an
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