Federal Court of Australia
CATCHWORDS Moneys lent - bankruptcy notice and petition issued - debtor denies debt - credibility of creditor and debtor - contradictory
evidence - balance of improbability - sequestration order,
Bankruptcy Act
Re: GUISEPPE TARTAGLIA and Ex parte: TERESA DEL-PI2ZZ0
No. P 1972 of 1985
FORSTER, d.
ADELAIDE
22 AUGUST 1986
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. P 1972 of 1985
OF NEW SOUTH WALES AND THE
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE ) ) ) ) )
AUSTRALIAN CAPITAL TERRITORY Re: GUISEPPE TARTAGLIA
Debtor
Ex parte:
TERESA DEL-PIZZ0
Creditor
FORSTER J.
JUDGE MAKING ORDER ADELAIDE
WHERE MADE:
DATE _ OF ORDER - 22 AUGUST 1996
THE COURT ORDERS THAT:
1. Debtor's notice of opposition be dismissed.
2. A sequestration order with respect to the debtor's estate.
3. The costs of the petitioning creditor he taxed and paid
in accordance with the Bankruptcy Act.
Note: Settlement and entry of order is dealt with in
Bankruptcy Rule 124.
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IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION No. P 1972 of 1985
OF NEW SOUTH WALES AND THE
) ) ) ) BANKRUPTCY DISTRICT OF THE STATE ) ) ) ) )
AUSTRALIAN CAPITAL TERRITORY Re: GUISEPPE TARTAGLIA
Debtor
Ex parte: TERESA DEL-PIZZ0
Creditor
REASONS FOR JUDGMENT
FORSTER J. :
The petitioning creditor Teresa Del-Pizzo ("the creditor") sued the debtor Guiseppe Tartaglia in the Supreme Court of New South Wales for moneys lent by her to hin and interest thereon. She entered a default judgment against him in this action for $29,632-35 which sum bore interest at 13.5% per annum. The creditor caused a bankruptcy notice to be issued on 10 August 1985 which was served upon the debtor on 8 September 1985. The debtor took no action following the service of the bankruptcy notice and the creditor on 20 December 1985 caused to be issued the bankruptcy petition in this matter. It was set for hearing on 18 March 1986 and on that day the debtor filed a
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