Federal Court of Australia
CATCHWORDS
BANKRUPTCY ~ creditor's petition - application by debtor for dismissal of petition - petition based on judgment of District Court - proceedings instituted in Supreme Court for relief - whether "sufficient cause" to dismiss petition — circumstances in which Bankruptcy Court will go behind a judgment - whether
adjournment should be granted.
Bankruptcy Act 1966 ss. 33(1)(a), 52(2)(b).
In Re Flatau; Ex parte Scotch Whisky Distillers Ltd. (1888) 22 Q.B.D. 83
Re Basile; Ex parte Ancich (1979) 37 F.L.R. 501 Corney v. Brien (1951) 84 C.L.R. 343 Wren v. Mahony (1971-2) 126 C.L.R. 212
Simon v. Vincent J. O'Gorman Pty Ltd (1979) 41 F.L.R. 95
RE: GERRIT PETRUS JORNA; EX PARTE: WESTPAC BANKING CORPORATION No. P 622 of 1986
Jackson J. Sydney 22 August 1986
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION
BANKRUPTCY DISTRICT OF THE STATE OF No. P622 of 1986
NEW SOUTH WALES AND
THE AUSTRALIAN CAPITAL TERRITORY
RE: GERRIT PETRUS JORNA
Debtor
EX PARTE: WESTPAC BANKING CORPORATION
Petitioning Creditor
CORAM: JACKSON J. DATE: 22 August 1986 PLACE: SYDNEY
MINUTES OF ORDER
THE COURT ORDERS THAT:
l. The application to dismiss the petition be refused. 2. The application to adjourn the petition be refused. 3. The matter be remitted to the Registrar.
NOTE: Settlement and entry of orders is dealt with in
Rule 124 of the Bankruptcy Rules.
IN THE FEDERAL COURT OF AUSTRALIA
GENERAL DIVISION BANKRUPTCY DISTRICT OF THE STATE OF No. P622 of 1986
NEW SOUTH WALES AND
ee eed
THE AUSTRALIAN CAPITAL TERRITORY
RE: GERRIT PETRUS JORNA
Debtor
EX PARTE: WESTPAC BANKING CORPORATION
Petitioning Creditor
CORAM: JACKSON J. DATE: 22 August 1986 PLACE s SYDNEY
REASONS FOR JUDGMENT
This matter came before me in the Bankruptcy List where the debtor sought to oppose the making of a sequestration order
on a creditor's petition.
A presiding Registrar's Certificate has not yet been given but the parties were in agreement that I should determine
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