Gotsios, Re J. Ex Parte Zweiger Nominees Pty Ltd [1986] FCA 521

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IN THE FEDERAL CoUuRT oF AUSTRALIA

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IN BANKRUETC 2

BANKRUETC2 DISTRICT GF THE STATE OF VICTGRIA

Re : JAMES GOTSIGS Judgment Debtor

Ex parte : GWEIGER NOMINEES ETT. LIMITED Fetirtiocning Creditor

foe \ ried COURT: NORTHROP J. DATE: 21 OCTOBER 1386 FLACK: MELBOURNE

EX TEMFORE REASUNS FOR JUDGNENT

There are two matters for consideration before the Court. The debtor is seeking an adjournment of che hearing of the petition and the peritioning creditor is seeking leave to amend the petition by substituting paragraphs < and 4 to what appears currently in the petition. These two matters are, to some axtent, inter-mixed. I propose to deal first

with the application for the leave to amend.

The matter originally came on for hearing before me yesterday when the debtor appeared in gerson. He has certain aifficulty with the English language; 25 rather excitable; has a tendency not co answer yuesctions and goes off on

frolics of his own in justification of matters which are not

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being sought at the time. Having regard to the difficulties I encountered yesterday in trvinag to understand what the matter was all about, and although an application was made to amend the petition yesterday, I was not in a position ta consider that, s0 I adjourned che matter cto today and strongly advised the debtor cto have legal representation or representation of some kind here today.

At present, paragraphs 2 and 4 of the petition are almost méaningleéss and paragraph 4 Tails to comply with Che requirements of Form 5 of the Bankruptcy Rules which require the petition to set out the nature and date or dates of the act or acts of bankruptcy relied upon. The petition as presently framed does not do so at all. It merely makes reference to the serving of a bankruptcy notice on 23 June 15386. It does not say whether the notice was a 14 day notice, a 21 day notice or any other period. Looking at the petition, it is completely impossible to work gut when the