Clarke, B.F. & Anor v Sheehy, P. [1986] FCA 327

IN THE FEDERAL COURT OF AUSTRALIA

) ) : QUEENSLAND DISTRICT REGISTRY ) No. G 61 of 1986 ) GENBRAL DIVISTON )

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN : BARRYMORE FRANCIS CLARKE and MARJORIE CLARKE Appellants and PETER SHEEHY Respondent

MINUTES OF ORDER

JUDGES MAKING ORDER: NORTHROP, NEAVES AND BEAUMONT, JJ. DATE ORDER MADE: 29 JULY 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Appeal allowed in part.

2. Vary orders made by Spender J. on 22 May 1986 by setting aside the order granting an extension of time for compliance with the bankruptcy notice.

3. Appeal otherwise dismissed. 4. Appellants to pay the respondent's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA

) ) - QUEENSLAND DISTRICT REGISTRY ) No. G 61 of 1986 ) GENERAL DIVISION )

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN : BARRYMORE FRANCIS CLARKE and MARJORIE CLARKE Appellants and PETER SHEEHY Respondent

COURT: NORTHROP, NEAVES AND BEAUMONT JJ.

DATE: 29 JULY 1986

PLACE: BRISBANE

REASONS FOR JUDGMENT

THE COURT: -

On 5 February 1985, the respondent, a solicitor of the Supreme Court of Queensland, obtained an order against the appellants in the Supreme Court of Queensland for costs which were subsequently taxed at $1,651.50. On 7 June 1985, the Deputy Registrar issued a bankruptcy notice based on that

judgment directed to the appellants. On 17 July 1985, before

the expiration of the time fixed for compliance with the requirements of the bankruptcy notice, the appellants filed with the Registrar an affidavit of the kind referred to in

s.41(7) of the Bankruptcy Act 1966 ("the Act"), with the

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