Federal Court of Australia
¢
CATCHWORDS
Application to set aside bankruptcy notice with the bankruptcy notice enlarged until Local Court judgment against debtor -
judgment - whether debtor entered into a
with the creditor.
Bankruptcy Act, s.41(5)
V. id. Removals ex parte Earl, Federal
unreported Pincus J. 26.6.85
Corney v. Brien (1951) 84 C.L.R. 343
- time for compliance final determination - court may go behind
contract of guarantee
Court of Australia
Re: MRS _H.E. VEROLME Ex Parte: ARCHONSTRUCT PTY LTD
No. 372 of 1986
FORSTER, J. ADELAIDE
10 SEPTEMBER 1986
IN THE FEDERAL COURT OF AUSTRALIA
SQUTH AUSTRALIA DISTRICT REGISTRY
) ) ) ) GENERAL DIVISION ) No. 372 of 1986 ) BANKRUPTCY DISTRICT OF THE STATE )
)
)
OF SOUTH AUSTRALIA
Re:
MRS _H.E. VEROLME
Judgment Debtor Ex Parte:
ARCHONSTRUCT Pry LTD
Judgment Creditor
=
JUDGE MAKING ORDER FORSTER J.
WHERE MADE ADELAIDE
DATE OF ORDER 10 SEPTEMBER 1986
THE COURT ORDERS THAT:
1. The bankruptcy notice be set aside.
Note: Settlement and entry of order is dealt with in Bankruptcy Rule 124.
IN THE FEDERAL COURT OF AUSTRALIA ) )
SOUTH AUSTRALIA DISTRICT REGISTRY)
GENERAL DIVISION No. 372 of 1986
) ) ) BANKRUPTCY DISTRICT OF THE STATE ) ) )
OF SOUTH AUSTRALIA
Re:
MRS H.E. VEROLME
Judgment Debtor Ex Parte: ARCHONSTRUCT PTY LTD Judgment Creditor REASONS FOR JUDGMENT FORSTER J. : Archonstruct Pty Ltd (the creditor) caused to be issued
a bankruptcy notice on 22 April 1986 calling upon Mrs H.E.
Verolme (the debtor) to pay $26,845-29 said to be due by the debtor to the creditor pursuant to a judgment of the Local Court
of Adelaide. This judgment was a default judgment.
The debtor has applied to the court for an order that the bankruptcy notice be set aside. The court has ordered that the time for compliance with the bankruptcy notice be enlarged until final determination of the debtor's application to set the notice aside. I heard the matter on 28 August 1986 and at the end of the hearing, being in no doubt as to the proper
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