Federal Court of Australia
Bankruptcy - Bankruptcy Act - failure to comply with bankruptcy
notice - judgment debt result of decision of Mining Warden's Court
- debtor seeking adjournment of petition pending appeal to the
Supreme Court under s.147 Mining Act - consideration of principles on which petitions should be adjourned - application
for adjournment dismissed.
Bankruptcy Act 1966 sub-3s 33(1) and 52(1) Mining Act 1985 33.147 and 148
Cases: Le Mesurier v. Qwen (1921) 24 WALR 2,
Re Flateau; Ex parte Scotch Whisky Distillers Ltd (1888) 22 QBD 83 at 86.
Petrie v. Redmond 13 ABC 44 at 48. Corney v. Brien (1950-1951) 84 CLR 343 at 356.
Re Lewis and Glasson; Ex parte Glasson (Unreported - Federal Court of Australia - 24 April 1986).
Re: ANTHONY FRANKIE PRACILIO - Debtor Ex Parte: RQBERT CHARLES GARDNER - Creditor No. P151 of 1986
MUIRHEAD J. PERTH 13 MAY 1986
IN THE FEDERAL COURT OF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. P151 of 1986
RE: ANTHONY FRANKIE PRACILIO
Debtor
EX PARTE: ROBERT CHARLES GARDNER
Creditor
MINUTE OF ORDER
JUDGE MAKING ORDER: MUIRHEAD J. DATE OF ORDER: 9 May 1986
WHERE MADE: Perth
THE COURT ORDERS THAT:
1, A Sequestration Order be made against the estate of Anthony
Frankie Pracilio to he stayed pending the handing down of
written reasons for decision.
2. Costs including reserved costs be taxed and paid according to
the Act.
(NB. - On 13 May the reasons for decision were published and the stay set aside.)
Note: Settlement and entry of orders is dealt with in Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT QF AUSTRALIA GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF WESTERN AUSTRALIA
No. P151 of 1986
wee weve wv
RE: ANTHONY FRANKIE PRACILIO
Debtor EX PARTE: ROBERT CHARLES GARDNER
Creditor
CORAM: MUIRHEAD J. 13 May 1986
REASONS FOR JUDGMENT
The petition in this matter was listed for hearing before me on 28th April. The petition is based on the failure of the debtor to comply with the provisions of a bankrupty notice served on him on 6th February 1986. In anticipation that the debtor would seek an adjournment the creditor filed affidavits in opposition to such an application. On 28th April the debtor's counsel sought an adjournment, no notice of opposition having been filed at that date. The creditor's counsel strenuously opposed the application but I granted an adjournment until the lst of May. On that date I heard argument. I reserved my decision but having considered the matter and having determined that a sequestration
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